Section 31
Licence to produce and publish translation
(2)
The Tribunal 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 or other vernacular languages, 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 Tribunal in the prescribed manner.
(3)
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 or other vernacular languages has not been published by the owner of the copyright (or by any person authorized by him)
within one year after the first publication of the work or, if such translation has been so published, it is out of print;
(b)
(i)
the applicant has requested and been denied authorization by the owner of the right to produce and publish the translation; or
(ii)
the applicant, after due diligence on his part, is unable to trace or ascertain the owner;
(c)
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 organization which may have been designated by the government of that state;
(d)
the Tribunal 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;
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(e)
the author of the work has not withdrawn it from circulation;
(f)
an opportunity of being heard is first given, wherever practicable, to the owner of the right of translation in the work;
(g)
a further period of nine months has elapsed from the fulfilment of the formalities mentioned in paragraphs (b)
and (c) and during this period no translation in the national language or other vernacular languages has been published by the owner of the right of translation or with his authorization; and
(h)
the translation is for the purpose of teaching, scholarship or research.
(4)
The licence granted under this section shall not be transferable and shall not extend to the export of copies:
Provided that the sending of copies to another country by the
Government or any Government organization shall not constitute export if all of the following conditions are met:
(a)
the recipients are individuals who are nationals of Malaysia or organizations grouping such individuals;
(b)
the copies are to be used only for the purpose of teaching, scholarship or research;
(c)
the sending of the copies and their subsequent distribution to recipients is without any commercial purpose; and
(d)
the country to which the copies have been sent has agreed with Malaysia to allow the receipt, or distribution, or both.
(5)
The licence shall be valid only for publication of the translation in Malaysia and all copies published under the licence shall bear a notice in the national language or other vernacular languages stating that the copies are available for distribution only in Malaysia.
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(6)
Any licence granted under this section shall terminate if a translation in the national language or other vernacular languages and with substantially the same content as that for which a licence has been granted has been published by the owner of the right of translation or with his authorization at a price reasonably related to that charged in
Malaysia for comparable works:
Provided that any copies already made before the licence terminates may, however, continue to be distributed until their stock is exhausted.
(7)
If the work to be translated consists mainly of illustrations, no licence under this section shall be granted.