Copyright Act,1957
Act No : 14
Section :
Licence to produce and publish translations.
32.(1)Licence to produce and publish translations. Any person may apply to the Copyright Board for a licence to produce and publish a translation of a literary or dramatic work in any language. after a period of seven years from the first publication of the work. (1A) Notwithstanding anything contained in sub-section . (1), any person may apply to the Copyright-Board for a licence to produce and publish a translation, in printed or analogous forms of reproduction, of a literary or dramatic work, other than an Indian work, in any language in general use in India after a period of three years from the first publication of such work, if such translation is required for the purposes of teaching, scholarship or research: Provided that where such translation is in a language in general use in any developed country, such application may be made after a period of one year from such publication. (2)Every application under this section shall be made in such form as may prescribed and shall state the proposed retail price of a copy of the translation of the work. (3)Every applicant for a licence under this section shall, along with his application, deposit with the Registrar of Copyrights such fee as may be prescribed. (4)Where an application is made to the Copyright Board under this section, it may, after holding such inquiry as may be prescribed, grant to the applicant a licence, not being an exclusive licence, to produce and publish a translation of the work in the language mentioned in the application- (i) subject to the condition that the applicant shall pay to the owner of the copyright in the work royalties in respect of copies of the translation of the work sold to the public, calculated at such rate as the Copyright Board may, in the circumstances of each case, determine in the prescribed manner; and (ii) where such licence is granted on an application under sub-section (1A), subject also to the condition that the licence shall not extend to the export of copies of the translation of the work outside India and every copy of such translation shall contain a notice in the language of such translation that the copy is available for distribution only in India: Provided that nothing.in. clause (ii) shall apply to the export by Government or any authority under the Government of copies of such translation in a language other than English, French or Spanish to any country if- (1) such copies are sent to citizens of India residing outside India or to any association -of such citizens out- side India; or (2) such copies are meant to be used for purposes of teaching, scholarship or research and 'not for any commercial' purposes; and (3) in either case, the permission for such export has been given by the Government of that country Provided further that no licence under this section shall be granted, unless-- (a) a translation of the work in the language mentioned in the application has not been published by the owner of the copyright in the work or any person authorised by him,within seven years or three years or one year, as the case may be, of the first publication of the work, if a translation has been so published, it has been out of print ; (b) the applicant has proved to the satisfaction of the Copyright Board that he had requested and had been denied authorisation by the owner of the copyright to produce and publish such translation, or that he was, after due diligence on his part,unable to find the owner of the copyright ; (c) where the applicant was unable to find the owner of the copyright, he had sent a copy of his request for such authorisation by registered air mail post to the publisher whose name appears from the work, and in the case of an application for a licence under sub-section (1), not less than two months before such application. (cc) a period of six months in the case of an application under sub-section (1A) (not being an application under the proviso thereto), or nine months in the case of an application under the proviso to that sub-section, has elapsed from the date of making the request under clause (b) of this proviso, or where a copy of the request has been sent under clause (c) of this proviso, from the date of sending of such copy, and the translation of the work in the language mentioned in the application has not been publiched by the owner of the copyright in the work or any person authorisedby him within the said period of six months or nine months, as the case may be; (ccc) in the case of any application made under sub-section (1A),-- (i) the name of the author and the title of the particular edition of the work proposed to be translated are printed on all the copies of the translation; (ii) if the work is composed mainly of illustrations, the provisions of section 32A are also complied with; (d) the Copyright Board is satisfied that the applicant is competent to produce and publish a correct translation of the work and possesses the means to pay to the owner of the copyright the royalties payable to him under this section ; ---------------------------------------------------------------------- 1 Ins. and Subs. by Act 23 of 1983,s.3 (w.e.f. 9.8.1984) --------------------------------------------------------------------- 23 (e) the author has not withdrawn from circulation copies of the work; and (f)an opportunity of being heard is given, wherever practi- cable, to the owner of the copyright in the work. (5) Any broadcasting authority may apply to the Copyright Board for a licence to produce and publish the translation of- (a) a work referred to in subsection (1A) and published in printed or analogous forms of reproduction; or (b) any text incorporated In audio-visual fixations prepared and published solely for the purpose of systematic instructional activities, for broadcasting such translation for the purposes of teaching or for the dissemination of the results of specialized, technical or scientific research to the experts in any particular field. (6) The provisions of sub-sections (2) to (4) in so far as they are relatable to an application under sub-section (1A), shall, with the necessary modifications, apply to the grant of a licence under sub-section (5) and such licence shall not also. be granted unless- (a) the translation is made from a work lawfully acquired; (b) the broadcast is made through the medium of sound and visual recordings; (c) such recording has been lawfully and exclusively made for the purpose of broadcasting in India by the applicant or by any other broadcasting agency; and (d) the translation and the broadcasting of such translation are not used for any commercial purposes. Explanation.-For the purposes of this section,- (a) "'developed country" means a country which, is not a developing country; (b) "developing country" means a country which is for the time being -regarded as, such in conformity with the practice of the General Assembly of the United Nations; (c). "purposes of research" does not include purposes of industrial research, or purposes of research by bodies corpo- rate (not being bodies, corporate owned or controlled by Government) 1 or other associations or body of persons for commercial purposes. (d) "purposes of teaching, research or scholarship" includes- (i) purposes of instructional activity at all levels in educational institutions, including Schools, Colleges, Universities and tutorial institutions; and. (ii)purposes of all other types of organised educational activity. 32A. (1)Licence to reproduce and publish works for certain purposes. Where, after the expiration of the relevant period from the date of the first publication of an edition of a literary, scientific or artistic work,- (a) the copies of such edition are not made available in India; or (b) such copies have not been put on sale in India for a period of six months, to the general public, or in connection with systematic instructional activities at a price reasonably related to that normally charged in India for comparable works by the owner of the right of reproduction or by any person authorised by him In this behalf, any person may apply to the, Copyright Board for a licence to reproduce and publish such work in printed or analogous forms of reproduction at the price at which such edition is sold or at a lower price for the purposes of systematic instructional activities. (2) Every such application shall be made in such form as may be prescribed and shall state the proposed retail price of a copy of the work to be reproduced. (3) Every applicant for a licence under this section shall, along with his. application, deposit with the Registrar of Copyrights such fee as may be prescribed. (4) Where an application is made to the Copyright Board under this section, it may, after holding such inquiry as may be prescribed, grant to the applicant a licence, not being an -exclusive licence, to produce and publish a reproduction of the work mentioned in the application subject to the conditions that,- (i) the applicant shall pay to the owner of the copyright in the work royalties in respect of copies of the reproduction of the work sold to the public, calculated at such rate as the Copyright Board may, in the circumstances of each case, determine in the prescribed manner; (ii) a licence granted under this section shall not extend to the export of copies of the reproduction of the work outside India -and every copy of such reproduction shall contain a notice that the copy is available for distribution only in India: Provided that no such licence shall be granted unless- (a)the applicant has proved to the satisfaction of the Copyright Board that he had requested and had been denied authorisation by the owner of the copyright in the work to reproduce and publish such work or that he was, after due diligence on his part, unable to find such owner; (b)where the applicant was unable to find the owner of the copyright, he had sent a copy of his request for such authorisation by registered air-mail post to the published whose name appears from the work not less than three months before the application for the licence; (c)the Copyright Board is satisfied that the applicant is competent to reproduce and publish, an accurate reproduction of the work and possesses the means to pay to the owner of the copyright the royalties payable to him under this section; (d)the applicant undertakes to reproduce and publish the work at such price as may be fixed by the Copyright Board, being a price reasonably related to the price normally charged in India for works of the same standard on the same or similar subjects; (e)a period of six months in the case of an application for the reproduction and publication of any work of natural science, physical science, mathematics or technology, or a period of three months in the case of an application for the reproduction and publication of any other work, has elapsed from the date of making the request under clause (a), or where a copy of the request has been sent under clause (b), from the date of sending of a copy, and a reproduction of the work has not been published by the owner of the copyright in the work or any person authorised by him within the said period of six months or, three months, as the case may be; (f)the name of the author and the title of the particular edition of the work proposed to be reproduced are printed on all the copies of the reproduction; (g)the author has not withdrawn from circulation copies of the work; and (h)an opportunity of being heard is given, wherever practicable, to the owner of the copyright in the work. (5) No licence to -reproduce and publish the translation of a work shall be granted under this section unless such translation has been published by the owner of the right of translation or any person authorised by him and the translation is not in a language in general use in India. (6)The provisions of this section shall also apply to the re- production and publication, or translation into a language in general use the India, of any text incorporated in audiovisual fixations pre pared and published solely for the. purpose of systematic instruc- tional activities. Explanation.-For the purposes of this section, "relevant period", in relation to any work, means a period of- (a) seven years from the date of the first publication of that work, where the application is for the reproduction and publication of any work of, or relating to, fiction, poetry, drama, music or art; (b) three years from the date of the first publication of that work, where the application is for the reproduction and publication of any work -of, or relating to, natural science, physical science, mathematics or technology; and (c) five years from the date of the first publication of that work, in any other case. 32B. (1)Termination of licences issued under this Chapter. If, at any time after the granting of a licence to produce and publish the translation of a work in any language under subsection (1A) of section 32 (hereafter in this sub-section referred to as the licensed work),, the owner of the copyright in the work or any person authorised by him publishes a translation of such work in the same language and which is substantially the same in content at a price reasonably related to the price normally charged in India for the translation of works of the same standard on the same or similar subject, the licence so granted shall be terminated: Provided that no such termination shall take effect until after the expiry of a period of three months from the date of service of a notice in the prescribed manner. on the person holding such licence by the owner of the right of translation intimating the publication of the translation as aforesaid: Provided further that copies of the licensed work produced and published by the person holding such licence before the termination of the licence takes effect may continue to be sold or distributed until the copies already produced and published are exhausted. (2) If, at any time after the granting of a licence to produce and publish the reproduction or translation of any work under section 32A, the owner of the right of-reproduction or any person authorised by him sells or distributes copies -of such work or a translation thereof, as the case may be, in the same language and which is substantially the same in content at a price reasonably related to the price normally charged in India for works of the same standard on the same or similar subject, the licence so granted shall be terminated: Provided that no such termination shall take effect until after the expiry of a period of three months from the date of service of a notice in the prescribed manner on the person holding the licence by the owner of the right of reproduction intimating. the sale or distri- bution of the copies of the editions of work as aforesaid- Provided further that any copies already reproduced by the licensee before such termination takes effect may continue to be sold or distributed until the copies already produced are exhausted.
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