Intellectual
Property Rights
Copyright Rules, 1958
CHAPTER IV: LICENCES FOR TRANSLATIONS
6. 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 triplicate in accordance
with Form II and shall be accompanied by the fee prescribed in the 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. Notice of application
(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
(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 conditions 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.
9. Manner of determining royalties
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
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. Cancellation of licence
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.
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