Copyright Ordinance, 1962 — section 37

37. Licence to produce and publish translations..—(1) Any citizen of Pakistan or a person domiciled in Pakistan may apply to the Board for a licence to produce and publish a translation of a literary or dramatic work in any Pakistani language or a language ordinarily used in Pakistan 1[, not being English, French or Spanish].

(2)Every such application 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 Registrar such fee as may be prescribed.

(4)When an application is made to the Board under this section, it may, after holding such inquiry as may be prescribed, direct the Registrar to grant to the applicant a licence, not being an exclusive 1[or transferable] licence, to produce and publish a translation of the work in the language mentioned in the application, on 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 Board may, in the circumstances of each case, determine in the prescribed manner: Provided that no such licence shall be granted, unless

(a)a translation of the work in the language mentioned in the application has not been published by the owner of the copyright in the work or any person authorized by him within 1[one year] of the first publication of the work, or if a translation has been so published, it has been out of print;

(b)the applicant has proved to the satisfaction of the Board that he had requested and had been denied authorization by the owner of the copyright to produce and publish such translation or that he was unable to find the owner of the copyright;

(c)where the applicant is unable to find the owner of the copyright, he had sent a copy of his request for such authorization to the publisher whose name appears from the work, not less than two months before the application for the licence;

(d)the Board is satisfied 1[* * * * * * *] that the applicant is competent to produce and publish a correct translation of the work and possesses the means to pay to the owner of the copyright the royalties payable to him under this section; 1 [(e) * * * * * * *]

(f)an opportunity of being heard is given wherever practicable to the owner of the copyright in the work; and

(g)the Board is satisfied, for reason to be recorded in writing, that the grant of the licence will be in the public interest. 1 Added, ins., subs. and omitted by Act No. XX of 1992, s. 7. CHAPTER VIII REGISTRATION OF COPYRIGHT