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Copyright Act, 1957

8. Consideration of the application

(1) The Copyright Board shall consider the application after the expiry of not less than one hundred and twenty days from the date of the publication of the notice in the official Gazette.

(2) The Copyright Board shall give an opportunity to the applicant and also, wherever practicable, to any person claiming any interest in the copyright of the work, to be heard and may take such evidence in respect of the application as it thinks fit.

(3) If more than one application for translation of the work in the same language is pending before the Copyright Board at the expiry of one hundred and twenty days after the publication in the official Gazette of the notice of the application first received, all such applications shall be considered together.

(4) If the Copyright Board is satisfied that the license for a translation of the work in the language applied for may be granted to the applicant, or, if there are more applicants than one, to such one of the applicants as, in the opinion of the Copyright Board, would best serve the interests of the general public, it shall grant a license accordingly.

(5) Every such license shall be subject to the condition provided in subsection (4) of Section 32 relating to the payment of royalties and shall specify -

(a) The period within which the translation shall be produced and published;

(b) The language in which the translation shall be produced and published;

(c) The rate at which royalties in respect of the copies of the translation of the work sold to the public shall be paid to the owner of the copyright in the work; and

(d) The person or persons to whom such royalties shall be payable.

(6) The grant of every such license shall, as soon as possible, be notified in the official Gazette and in the newspapers, if any, in which the notice under Rule 7 was published and a copy of the license shall be sent to the other parties concerned.

Copyright Act, 1957 Back

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