Section 32

Licence to produce and publish translations

1 - Any person may apply to the Commercial Court 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.

1(A) - Notwithstanding anything contained in sub-section (1), any person may apply to the Appellate 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 not 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 be 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 Commercial Court 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

4(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 Commercial Court may, in the circumstances of each case, determine in the prescribed manner; and

4(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 or to any country if

4(ii)(1) - such copies are sent to citizens of India residing outside India or to any association of such citizens outside India; or

4(ii)(2) - such copies are meant to be used for purposes of teaching, scholarship or research and not for any commercial purpose; and

4(ii)(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

4(ii)(3)(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, or if a translation has been so published, it has been out of print;

4(ii)(3)(b) - the applicant has proved to the satisfaction of the Commercial Court 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;

4(ii)(3)(c) - where the applicant was unable to find the owner of the copyright, he had sent a copy of his request for 8[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;

4(ii)(3)(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 published by the owner of the copyright in the work or any person authorised by him within the said period of six months or nine months, as the case may be;

4(ii)(3)(ccc) - in the case of any application made under sub-section (1A)

4(ii)(3)(ccc)(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;

4(ii)(3)(ccc)(ii) - if the work is composed mainly of illustrations, the provisions of section 32A are also complied with;]

4(ii)(3)(d) - the 1[Commercial Court] 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;

4(ii)(3)(e) - the author has not withdrawn from circulation copies of the work; and

4(ii)(3)(f) - an opportunity of being heard is given, wherever practicable, to the owner of the copyright in the work.

5 - Any broadcasting authority may apply to the Commercial Court for a licence to produce and publish the translation of

5(a) - a work referred to in sub-section (1A) and published in printed or analogous forms of reproduction; or

5(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 specialised, 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

6(a) - the translation is made from a work lawfully acquired;

6(b) - the broadcast is made through the medium of sound and visual recordings;

6(c) - such recording has been lawfully and exclusively made for the purpose of broadcasting in India by the applicant or by other broadcasting agency; and

6(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 corporate (not being bodies corporate owned or controlled by Government) or other association or body of persons for commercial purposes;

(d) - purposes of teaching, research or scholarship includes

d(i) - purposes of instructional activity at all levels in educational, institutions, including Schools, Colleges, Universities and tutorial institutions; and

d(ii) - purposes of all other types of organised educational activity.