consideration the purpose for which the creation of the work was agreed
upon and such requests shall be made in writing and fix reasonable dates by
which the amendment or correction shall be done.
(3) If the author fails to comply with the request made under subsection (2)
or if the amended or corrected work is still not suitable for the stipulated
purpose, the user may terminate the contract but shall be obliged to pay to
the author, in consideration of the work done, an appropriate fee which shall
be less than the agreed remuneration for use of the commissioned work.
DIVISION II
COMPULSORY LICENCES
Compulsory translation licence
17. (1) Where a work is expressed exclusively in words the right to make a
translation of that work and to publish it in Malawi may be subject to
compulsory licensing under the conditions specified in this section.
(2) A person who is a citizen of Malawi or is ordinarily resident in Malawi
may, subject to the provisions of this section, apply to the Minister for a nonexclusive licence to make a translation of a work which is expressed
exclusively in words, into a foreign language or any language of Malawi, and
to publish or authorize the publication of the translation in copies.
(3) No application for a licence under this section may be filed until the
expiration of a period of:
(a) three years commencing from the date of the first publication of
the work in copies, if the licence is for translation into any language
other than a language of Malawi; or
(b) one year commencing from the date of the first publication of the
work in copies, if the licence is for translation into any language of
Malawi.
(4) No licence under this section shall be granted unless the Minister is first
satisfied that:
(a) no translation of the work into the language in question has ever
been published in copies by or under the authority of the owner of
the right of translation, or that all previous editions in that language
are out of print;
(b) following the expiration of the relevant period specified in
subsection (3) the applicant either has requested the owner of the
right of translation for consent to translate the work but has been
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