Section 32 of the Copyright Act, 1957 - Licence to Produce and Publish Translations

Section 32(1) - General licence for translation

Any person may apply to the Commercial Court for a licence to produce and publish a translation of a literary or dramatic work in any language after a period of seven years from the first publication of the work.

Section 32(1A) - Earlier licence for specified educational purposes

Notwithstanding sub-section (1), a person may apply to the Commercial Court for a licence to produce and publish, in printed or analogous forms of reproduction, a translation of a literary or dramatic work other than an Indian work, in a language in general use in India, after three years from first publication where the translation is required for teaching, scholarship or research.

Where the proposed translation is in a language not in general use in any developed country, the application may be made after one year from first publication.

Section 32(2) and (3) - Application, price and fee

The application must be made in the prescribed form, state the proposed retail price of a copy of the translation, and be accompanied by the prescribed fee deposited with the Registrar of Copyrights.

Section 32(4) - Grant of licence and royalties

After the prescribed inquiry, the Commercial Court may grant a non-exclusive licence to produce and publish the translation in the language stated in the application. The applicant must pay royalties to the copyright owner on copies sold to the public at the rate determined in the prescribed manner.

For a licence under sub-section (1A), the licence ordinarily does not extend to export outside India, and copies must carry the prescribed notice that they are available for distribution only in India. The section contains a limited exception for specified governmental exports for non-commercial teaching, scholarship or research, subject to its conditions.

Conditions before a licence can be granted

A licence cannot be granted unless the statutory safeguards are met. These include, among other things:

1. The required translation has not been published by the copyright owner or an authorised person within the applicable seven-year, three-year or one-year period, or the translation has gone out of print.
2. The applicant sought authorisation from the copyright owner and was refused, or after due diligence could not find the owner.
3. Where the owner could not be found, the prescribed request was sent to the publisher within the period required by the section.
4. For applications under sub-section (1A), the additional six-month or nine-month waiting requirement, as applicable, has been satisfied.
5. The author's name and the title of the relevant edition are printed on copies where required, and Section 32A is complied with where a work is composed mainly of illustrations.
6. The Commercial Court is satisfied that the applicant can produce a correct translation and has the means to pay royalties.
7. The author has not withdrawn copies of the work from circulation.
8. Where practicable, the copyright owner is given an opportunity of being heard.

Section 32(5) - Broadcasting authority

A broadcasting authority may apply to the Commercial Court for a licence to produce and publish translations of specified works for broadcasting for teaching or for dissemination of specialised, technical or scientific research to experts in a particular field.

Section 32(6) - Additional broadcasting conditions

The relevant provisions of sub-sections (2) to (4) apply with necessary modifications. In addition, the translation must be made from a lawfully acquired work, the broadcast must use sound and visual recordings, the recording must have been lawfully and exclusively made for broadcasting in India, and the translation and broadcast must not be used for commercial purposes.