Amendment status not verified — confirm the current text below against the official source.
Ins. by s. 13, ibid. (w.e.f. 9-8-1984). 22 (d) the 1[Appellate Board] is satisfied that the applicant is competent to produce and publish a correct translation of the work and possesses the means to pay to the owner of the copyright the royalties payable to him under this section; (e) the author has not withdrawn from circulation copies of the work; and (f) an opportunity of being heard is given, wherever practicable, to the owner of the copyright in the work. 2[(5) Any broadcasting authority may apply to the 1[Appellate Board] for a licence to produce and publish the translation of— (a) a work referred to in sub-section (1A) and published in printed or analogous forms of reproduction; or (b) any text incorporated in audio-visual fixations prepared and published solely for the purpose of systematic instructional activities, for broadcasting such translation for the purposes of teaching or for the dissemination of the results of specialised, technical or scientific research to the experts in any particular field. (6) The provisions of sub-sections (2) to (4) in so far as they are relatable to an application under sub-section (1A), shall, with the necessary modifications, apply to the grant of a licence under sub-section (5) and such licence shall not also be granted unless— (a) the translation is made from a work lawfully acquired; (b) the broadcast is made through the medium of sound and visual recordings; (c) such recording has been lawfully and exclusively made for the purpose of broadcasting in India by the applicant or by other broadcasting agency; and (d) the translation and the broadcasting of such translation are not used for any commercial purposes. Explanation.—For the purposes of this section,— (a) “developed country” means a country which is not a developing country; (b) “developing country” means a country which is for the time being regarded as such in conformity with the practice of the General Assembly of the United Nations; (c) “purposes of research” does not include purposes of industrial research, or purposes of research by bodies corporate (not being bodies corporate owned or controlled by Government) or other association or body of persons for commercial purposes; (d) “purposes of teaching, research or scholarship” includes— (i) purposes of instructional activity at all levels in educational, institutions, including Schools, Colleges, Universities and tutorial institutions; and (ii) purposes of all other types of organised educational activity.] 3[32A. Licence to reproduce and publish works for certain purposes.—(1) Where, after the expiration of the relevant period from the date of the first publication of an edition of a literary, scientific or artistic work,— (a) the copies of such edition are not made available in India; or (b) such copies have not been put on sale in India for a period of six months, to the public, or in connection with systematic instructional activities at a price reasonably related to that normally charged in India for comparable works by the owner of the right of reproduction or by any