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CHAPTER 9 – LICENCES FOR TRANSLATIONS

BananaIP Counsels > THE COPYRIGHT RULES > CHAPTER 9 – LICENCES FOR TRANSLATIONS

CHAPTER 9 – LICENCES FOR TRANSLATIONS

32.Application for licence.—

(1) An application for a licence under section 32 to produce and publish a translation of a literary or dramatic work in any language shall be made in Form VI and shall be accompanied by the fee specified in Second Schedule.

(2) Every such application shall be in a respect of one work only and for translation of that work into one language only.

33.Notice of application.—

(1) when any such application has been made, the Board shall, as soon as possible, give notice of the application in the Official Gazette and also, if the Board thinks fit, in one or two newspapers and shall send a copy of the notice to the owner of the Copyright, wherever practicable.

(2)Every such notice shall contain the following particulars, namely:

(a)the date of the application;

(b)the name, address and nationality of the applicant;

(c)particulars of the work which is to be translated;

(d)the date and country of the first publication of the work;

(e)the name, address and nationality of the owner of the copyright as stated in the application;

(f)the language in which the work is to be translated; and

(g)the registration number of the work in the Registrar of Copyrights, if any.

34.Consideration of the application.—

(1) The Board shall consider the application after the expiry of not less than one hundred and twenty days from the date of the publication of the notice in the Official Gazette.

(2)The Board shall give an opportunity to the applicant and also, wherever practicable to any person claiming any interest in the Copyright of the work, to be heard and may take such evidence in respect of the application, as it thinks fit.

(3)If more than one application for translation of the work in the same language is pending before the Board at the expiry of one hundred and twenty days after the publication in the Official Gazette of the notice of the application first received, all such applications shall be considered together.

(4)If the Board is satisfied that the licence for a translation of the work in the language applied for may be granted to the applicant, or, if there are more applicants than one to such one of the applicants as, in the opinion of the Board, would best serve the interests of the general public, it shall grant a licence accordingly.

(5)Every such licence shall be subject to the condition provided in sub-section (4) of Section 32 relating to the payment of royalties and shall specify-

(a)the period within which the translation shall be produced and published;

(b)the language in which the translation shall be produced and published;

(c)the rate at which royalties in respect of the copies of the translation of the work sold to the public shall be paid to the owner of the copyright in the work; and

(d)the person or persons to whom such royalties shall be payable.

(6)The grant of every such licence shall, as soon as possible, be notified in the Official Gazette and in the newspapers, if any, in which the notice under rule 33 was published and a copy of the licence shall be sent to the other parties concerned and posted on the official website of copyright office and the Board.

35.Manner of determining royalties.—

The Board shall determine the royalties payable to the owner of the copyright under sub-section (4) of section 32. The Board while determining the royalty shall take into consideration the following, namely:-

(a)The proposed retail price of a copy of the translation of the work;

(b)The prevailing standards of royalties with regard to translation of works;

and

(c)Such other matters as may be considered relevant by the Board.

36.Extension of the period of licence.—

The Board may, on the application of the licensee and after notice to the owner of the copyright, wherever practicable, if it is satisfied that the licensee was for sufficient reasons unable to produce and publish the translation within the period specified in the licence, extend such period.

37.Cancellation of licence.—

The Board may, after giving the licensee an opportunity of being heard, cancel the licence on any of the following grounds, namely:-

(a)that the licensee has failed to produce and publish the translation within the time specified in the licence or within the time extended on the application of the licensee;

(b)that the licence was obtained by fraud or misrepresentation as to any essential fact; and

(c)that the licensee has contravened any of the terms and conditions of the licence.

 

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