58
Laws of Malaysia
Act 332
(7) For the purposes of this section, a question of law shall
not include a question whether there is sufficient evidence to
justify a finding of fact by the Tribunal.
Licence to produce and publish translation
31. (1) Any person may apply to the Tribunal for a licence to
produce and publish in the national language or other vernacular
languages in Malaysia a translation of a literary work written in
any other language.
(2) The Tribunal after holding such inquiry as it thinks necessary
may, subject to this section, grant to the applicant a licence (not
being an exclusive licence) to produce and publish a translation of
the work in the national language or other vernacular languages,
on condition that the applicant shall pay to the owner of the
right of translation in the work in respect of copies sold to the
public, royalties at a rate to be determined by the Tribunal in
the prescribed manner.
(3) A licence may be granted on an application made under
subsection (1) in respect of a work only where—
(a) a translation of the work in the national language or
other vernacular languages has not been published by
the owner of the copyright (or by any person authorized
by him) within one year after the first publication of
the work or, if such translation has been so published,
it is out of print;
(b) (i) the applicant has requested and been denied authorization
by the owner of the right to produce and publish the
translation; or
(ii) the applicant, after due diligence on his part, is unable
to trace or ascertain the owner;
(c) the applicant, if the nationality of the owner of the right
of translation is known, has sent a copy of his request for
the translation to the diplomatic or consular representative
of the state of which that owner is a national, or to the
organization which may have been designated by the
government of that state;