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Copyright (Amendment)
[act 23
- (4) Where an application is made to the Copyright Board under this section, it may, after holding such inquiry as may be prescribed, direct the Registrar of Copyrights to grant to the applicant a licence to publish the work or a translation thereof in the language mentioned in the application subject to the payment of such royalty and subject to such other terms and conditions as the Copyright Board may determine, and thereupon the Registrar of Copyrights shall grant the licence to the applicant in accordance with the direction of the Copyright Board.
- (5) Where a licence is granted under this section, the Registrar of Copyrights may, by order, direct the applicant to deposit the amount of the royalty determined by the Copyright Board in the public account of India or in any other account specified by the Copyright Board so as to enable the owner of the copyright or, as the case may be, his heirs, executors or the legal representatives to claim such royalty at any time.
- (6) Without prejudice to the foregoing provisions of this section, in the case of a work referred to in sub-section (1), if the original author is dead, the Central Government may, if it considers that the publication of the work is desirable in the national interest, require the heirs, executors or legal representatives of the author to publish such work within such period as may be specified by it.
- (7) Where any work is not published within the period specified by the Central Government under sub-section (6), the Copyright Board may, on an application made by any person for permission to publish the work and after hearing the parties concerned, permit such publication oh payment of such royalty as the Copyright Board in the circumstances of such case, determine in the prescribed manner.”.
Amendment of section 32. 13. In section 32 of the principal Act,—
- (a) in sub-section (1), after the words “in any language”, the words “after a period of seven years from the first publication of the work” shall be inserted;
- (b) after sub-section (1), the following sub-section shall be inserted, namely:—
- “(1A) Notwithstanding anything contained in sub-section (1), any person may apply to the Copyright 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.”;
- (c) in sub-section (2), for the words “such application”, the words “application under this section” shall be substituted;
- (d) in sub-section (4),—
- (i) in the opening paragraph, for the portion beginning with the words “the application, on condition that the applicant” and
