No. 26
Copyright
45
departments or divisions of the broadcasting organization.
(3) A licence may also be granted under this section to a
broadcasting organization to translate any text incorporated in an
audiovisual work that is itself prepared and published for the sole
purpose of being used in connexion with systematic instructional
activities.
(4) A translation made under a licence issued under this section
shall not be used for commercial purposes.
63.__(1) Where a literary, dramatic, musical or artistic work is
published in printed or analogous form, the exclusive right to
reproduce the work and publish it in copies may be subject to a
compulsory licence under the conditions specified in this section.
(2) A person who is a citizen of Malawi or has his habitual
residence in Malawi may, subject to the provisions of this section,
apply to the Minister for a nonexclusive licence to reproduce a
particular edition of a work referred to in subsection (1) and to
publish or authorize the publication of such reproduction in copies.
(3) A licence under this section shall not be granted__
(a) until the expiration of a period of__
(i) three years commencing from the date of publication of a
work in the field of technology or of a natural or physical
science including mathematics;
(ii) seven years commencing from the date of publication of
a work of fiction, poetry, drama or music or a book of art; or
(iii) five years commencing from the date of publication of
any other work; and
(b) unless the Minister is first satisfied that__
(i) after the expiration of the relevant period, there has never
been a sale or other distribution authorized by the owner of the
reproduction right, of copies of the particular edition in
Malawi, to the general public or in connexion with systematic
instructional activities, at a price reasonably related to that
charged in Malawi for comparable works, or there has been no
such sale or other distribution during the six months
immediately preceding the application;
(ii) the applicant has requested from the owner of the right
of reproduction for his authorization to reproduce the work and
has been refused or, in spite of genuine efforts made by the
applicant, he has been unable to locate the owner;
(iii) the applicant, at the time of making the requests referred
Compulsory
reproductio
n licence