Page:Indian Copyright Act (1st Amendment) 1983.djvu/5

ending with the words “in the prescribed manner:”, the following shall be substituted, namely:—

“the application—

(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 Copyright Board may, in the circumstances of each case, determine in the prescribed manner; and

(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 to any country if—

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

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

(3) in either case, the permission for such export has been given by the Government of that country:”;

(ii) in the proviso,—

(1) for the words “Provided that no such licence”, the words “Provided further that no licence under this section” shall be substituted;

(2) in clause (a), for the words “within seven years of the first publication of the work”, the words “within seven years or three years or one year, as the case may be, of the first publication of the work” shall be substituted;

(3) in clause (b), for the words “he was unable to find”, the words “he was, after due diligence on his part, unable to find” shall be substituted;

(4) in clause (c),—

(A) for the words “such authorisation to the publisher whose name appears from the work”, the words, brackets and figure “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)” shall be substituted;

(B) for the words “the application for the licence”, the words “such application” shall be substituted;