Page:Copyright Act 1987 (Malaysia Act 332).pdf/29

[Pt. V, S. 31]

		owner of the right of translation the royalties payable under this section; and
	(ii)	the applicant undertakes to have the original title and the name of the author of the work printed on all copies of the published translation;

(e)

the author of the work has not withdrawn it from circulation;

(f)

an opportunity of being heard is first given, wherever practicable, to the owner of the right of translation in the work;

(g)

a further period of nine months has elapsed from the fulfillment of the formalities mentioned in paragraphs (b) and (c) and during this period no translation in the national language has been published by the owner of the right of translation or with his authorization; and

(h)

the translation is for the purpose of teaching, scholarship or research.

(4) The licence granted under this section shall not be transferable and shall not extend to the export of copies:

Provided that the sending of copies to another country by the Government or any Government organization shall not constitute export if all of the following conditions are met:

	(a)	the recipients are individuals who are nationals of Malaysia or organizations grouping such individuals;
	(b)	the copies are to be used only for the purpose of teaching, scholarship or research;
	(c)	the sending of the copies and their subsequent distribution to recipients is without any commercial purpose; and
	(d)	the country to which the copies have been sent has agreed with Malaysia to allow the receipt, or distribution, or both.