consideration the purpose for which the creation of the work was agreed upon and such requests shall be made in writing and fix reasonable dates by which the amendment or correction shall be done. (3) If the author fails to comply with the request made under subsection (2) or if the amended or corrected work is still not suitable for the stipulated purpose, the user may terminate the contract but shall be obliged to pay to the author, in consideration of the work done, an appropriate fee which shall be less than the agreed remuneration for use of the commissioned work. DIVISION II COMPULSORY LICENCES Compulsory translation licence 17. (1) Where a work is expressed exclusively in words the right to make a translation of that work and to publish it in Malawi may be subject to compulsory licensing under the conditions specified in this section. (2) A person who is a citizen of Malawi or is ordinarily resident in Malawi may, subject to the provisions of this section, apply to the Minister for a nonexclusive licence to make a translation of a work which is expressed exclusively in words, into a foreign language or any language of Malawi, and to publish or authorize the publication of the translation in copies. (3) No application for a licence under this section may be filed until the expiration of a period of: (a) three years commencing from the date of the first publication of the work in copies, if the licence is for translation into any language other than a language of Malawi; or (b) one year commencing from the date of the first publication of the work in copies, if the licence is for translation into any language of Malawi. (4) No licence under this section shall be granted unless the Minister is first satisfied that: (a) no translation of the work into the language in question has ever been published in copies by or under the authority of the owner of the right of translation, or that all previous editions in that language are out of print; (b) following the expiration of the relevant period specified in subsection (3) the applicant either has requested the owner of the right of translation for consent to translate the work but has been 21

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