Section 18
Section 18
Any person may apply to the competent authority appointed under section 16 for a licence to produce and publish in the National language a translation of a literary or dramatic work written in any other language; and, where such an application is made in respect of a work, the competent authority after holding such inquiry as it thinks necessary may, subject to this section, grant to the applicant a licence (not being an exclusive licence) to produce and publish a translation of the work in the National language, on condition that the applicant shall pay to the owner of the right of translation in the work in respect of copies sold to the public royalties at a rate to be determined by the competent authority in the prescribed manner.
(2)
A licence may be granted on an application made under subsection (1) in respect of a work only where-
(a)
a translation of the work in the National language has not been published by the owner of the copyright in the work (or by any person authorised by him) within seven years after the first publication of the work or, if such translation has been so published, it is out of print; and
(b)
the applicant has requested and been denied authorisation by the owner of the right to produce and publish the translation or is, after due diligence on his part, unable to find that owner; and
(c)
the applicant, if he is unable to find the owner of the right of translation, has not less than two months before his application sent to the publisher whose name appears on the work a copy of his request for the translation to be authorised; and
(d)
the applicant, if the nationality of the owner of the right of translation is known, has sent a copy of his request for the translation to the diplomatic or consular representative of the State of which that owner is a national, or to the organisation which may have been designated by the government of that state; and
(e)
the competent authority is satisfied that—
(i)
the applicant is able to produce and publish a correct translation of the work and possesses the means to pay to the owner of the right of translation the royalties payable under this section; and
(ii)
the applicant undertakes to have the original title and the name of the author of the work printed on all copies of the published translation; and
(f)
the author of the work has not withdrawn it from circulation; and
(g)
an opportunity of being heard is first given, wherever practicable, to the owner of the right of translation in the work.