Any license under this Article shall be granted only for the purpose of teaching, university
scholarship or research.
Article 239: Criteria of granting a translation license
Any license under this article shall be granted only if:
1° the applicant establishes either that he has requested, and has been denied, authorization
by the owner of the right to make and publish the translation or that, after due diligence on
his part, he or she was unable to timely find the owner of the right;
2° at the same time as making the request the owner of the right cannot be found, the
applicant for a license sent, by registered mail, copies of his or her application submitted
to the right holder, to the Minister in charge culture, to the empowered authority and to the
publisher whose name appears on the work.
No license obtainable after period referred to in paragraph two (2) of article 238 shall be
granted until a further period of six (6) months has elapsed. If, during the said period of six
(6) months, a translation in the language in respect of which the application was made is
published by the owner of the right of translation or with his or her authorization, no license
shall be granted.
If a translation of a work is published by the owner of the right of translation or with his or
her authorization at a price reasonably related to that normally charged for comparable
works, any license granted under articles 238 and 239 shall expire. In this case, any copies
already made before the license terminates may continue to be distributed until their stock is
exhausted.
No license shall be granted under the under articles 238 and 238 when the author has
withdrawn from circulation all copies of his work.
The name of the author shall be indicated on all copies of the translation published under a
license granted under articles 238 and 239, and the original title of the work shall appear in
any case on all the said copies.
Due provision shall be made by the empowered authority decision to ensure a correct
translation of the work and that the license provides, in favour of the owner of the right, for
just compensation that is consistent with standards of royalties normally operating on licenses
freely negotiated between concerned persons.
No license granted under the articles 241 and 242 shall extend to the export of copies, and any
such license shall be valid only for publication of the work in the country where it was
granted.
Article 240: Conditions of granting a reproduction license
So far as works published in printed or analogous forms of reproduction are concerned, the
empowered authority may grant license of reproduction to any person so requesting for one or
both works. Licenses granted under this article shall be non-exclusive and non-transferable
licenses.
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