Page:Copyright Act 1987.pdf/112

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112
NO. 2 OF 1987


Licence to produce and publish translations

144.—(1) Any qualified person may apply to the Copyright Tribunal for a licence to produce and publish a translation of a literary or dramatic work which has been published in printed or analogous forms of reproduction in any of the official languages in use in Singapore for the purposes of teaching, scholarship or research.

(2) An 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 Copyright Tribunal such fee as may be prescribed.

(4) Where an application is made to the Copyright Tribunal 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 subject to the condition—

(a) 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 Tribunal may, in the circumstances of each case, determine in the prescribed manner, except that the royalties shall be consistent with the standards normally operating in the case of licences freely negotiated between persons in Singapore and owners of translation rights in the country of the owner of the right of translation; and
(b) that the licence shall not extend to the export of copies of the translation of the work outside Singapore 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 Singapore.

(5) Subsection (4) shall not apply to the export by the Government or any authority under the Government of copies of such translation in a language other than English to any country if—