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CHAPTER
III.- LICENCES FOR TRANSLATIONS
8. Application for licence:- (1) An application for a licence under
section 37 to produce and publish a translation of a literary or dramatic
work in any language in Pakistan or a language ordinarily used in Pakistan
shall be made to the Board in triplicate in Form IV and shall be accompanied
by the fee prescribed in the Second Schedule.
(2)
Every such application shall be in respect of one work only for translation
of that work into one language only.
(3)
When any such applications 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.
(4)
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 copy-right;
(f) the language in which the work is to be translated; and
(g) the Registration number of the work in the Register, if any.
9.
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 copy-right 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 of the notice in the official Gazette,
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 applications than one, to such one of the applicants
as, in the opinion of the Board, would best serve the interest of the
general public, it may direct the Registrar to grant a licence in Form
VII.
(5)
Every such licence shall be subject to the condition provided in sub-section
(4) of section 37 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 8 was published and the other parties shall be informed
about the grant of the licence.
10.
Manner of determining royalties:-The Board shall determine the royalties
payable to the owner of the copyright under sub-section (4) of section
37, 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 Board.
11.
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, extent such period.
12. 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;
(c) that the licensee has contravened any of the terms and conditions
of the licence.
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