CHAPTER IV - LICENCES FOR TRANSLATIONS
Note.- Statutory power as to grant of licence for translation is conferred by section 32 of the Act.
6. (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 triplicate in accordance with Form 11 and shall be accompanied by the fee prescribed in Second Schedule.
(2) Every such application shall be in respect of one work only and for translation of that work into one language only.
7. (1) When any such application has been made, the Copyright Board shall, as soon as possible, give notice of the application in the Official Gazette and also, if the Copyright 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:
(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 Register of Copyrights, if any.
8. Consideration of the application.
8. (1) The Copyright 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 Copyright 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 Copyright 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 Copyright 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 Copyright 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 7 was published and a copy of the licence shall be sent to the other parties concerned.
Note- Opportunity referred to in sub-rule (2) would obviously mean reasonable opportunity.
9. Manner of determining royalties.
9. The Copyright Board shall determine the royalties payable to the owner of the copyright under sub-section (4) of section 32 after taking into consideration-
(a) the proposed retail price of a copy of the translation of the work;
(b) the prevailing standards of royalties in regard to translation of works; and
(c) such other matters as may be considered relevant by the Copyright Board.
10. Extension of the period of licence.
10. The Copyright 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.
11. The Copyright 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;
(c) that the licensee has contravened any of the terms and conditions of the licence.