Conditions of a compulsory translation licence
18. (1) A licence granted under section 17 shall:
(a) be limited to the non-exclusive right to translate the work into the
language in respect of which it is granted and to publish copies of
the translation in Malawi;
(b) be for a translation required only for the purpose of teaching,
scholarship or research;
(c) not be transferable by the licensee;
(d) not authorize the exportation of copies of the translation prepared
under the licence;
(e) be valid only for publication in Malawi; and
(f) provide for just compensation to the owner of the work, consistent
with standards of royalties normally payable in the case of licences
freely negotiated between a person in Malawi and the owner of the
right of translation in any other country.
(2) Where a licence is granted under section 17 the licensee shall ensure
that the work in respect of which the licence is granted is correctly translated
and that all published copies include:
(a) the original title and name of the author of the work;
(b) a notice in the language of the translation stating that copies of
the translated version of the work are available for distribution in
Malawi only; and
(c) a reprint of the copyright notice, namely, the symbol (c),
accompanied with the name of the owner of the copyright and the
year of the first publication of the work and the place where the work
of which the translation is made is published with the copyright
notice.
(3) A licence granted under section 17 shall terminate if a translation of the
work in the same language and with substantially the same content as the
edition for which the licence is granted is published in copies in Malawi by or
under the authority of the owner of the right of translation at a price
reasonably related to that normally charged in Malawi for comparable work;
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