Licence to produce and publish translation. 31. (1) Any person may apply to the Tribunal for a licence to produce and publish in the national language a translation of a literary work written in any other language.
(2) The Tribunal after holding such inquiry as it thinks necessary may, subject to this section, grant to the applicant a licence (not being an exclusive licence) to produce and publish a translation of the work in the national language, on condition that the applicant shall pay to the owner of the right of translation in the work in respect of copies sold to the public, royalties at a rate to be determined by the Tribunal in the prescribed manner.
(3) A licence may be granted on an application made under subsection (1) in respect of a work only where—
| (a) | a translation of the work in the national language has not been published by the owner of the copyright (or by any person authorized by him) within one year after the first publication of the work or, if such translation has been so published, it is out of print; | |||||||
| (b) |
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| (c) | the applicant, if the nationality of the owner of the right of translation is known, has sent a copy of his request for the translation to the diplomatic or consular representative of the state of which that owner is a national, or to the organization which may have been designated by the government of that state; | |||||||
| (d) | the Tribunal is satisfied that—
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