Copyright Act 21 of 24 http://www.nigeria-law.org/CopyrightAct.htm dramatic work which has been published in printed or analogous form of reproduction for the purposes of teaching, scholarship or research. (2) Any application under this paragraph shall be made in such form as may be prescribed and shall state the proposed retail price of a copy of the translation of work. (3) Every applicant for a licence under this paragraph shall along with his application, deposit with the Council such fee as may be prescribed. (4) Where an application is made to the Council under this paragraph it may, after holding such inquiry as may be prescribed, grant to the applicant a licence, to produce and publish a translation of work in the language mentioned in the application subject to the condition- (a) that the applicant shall apply to the owner of the copyright in the work royalties in respect of copies of the translation of work sold to the public, calculated at such rate as the court may, in the circumstances of each case, determine in the prescribed manner, except that the royalty shall be consistent with the standards normally operating in the case of licences freely negotiated between persons in Nigeria and owners of translation rights in the country of the owner of the right of translation; and (b) that the licence shall not extend to the export of copies of the translation of the work outside Nigeria and every copy of such translation shall contain a notice in the language of such translation that the copy is available for distribution only in Nigeria. (5) Sub-paragraph (4) of this paragraph shall not apply to the export by the Government or any authority under the Government of copies of such translation in language other than English to any country if- (a) such copies are sent to citizens of Nigeria residing outside Nigeria or to any association of such citizens outside Nigeria; or (b) such copies are meant to be used for purposes of teaching, scholarship or research and not for any commercial purpose, and in either case, the government of the country to which the copies are exported has agreed to the receipt of distribution, or both, of the copies exported to the country. (6) No licence shall be granted by the Council under this paragraph until the expiration of whichever of the following periods is applicable- (a) one year from the date of first publication of the work where the application is for a licence for translation into any language spoken in Nigeria other than English; (b) three years from the date of first publication of the work where the application is for a licence for translation into English. (7) No licence shall be granted by the Council unless- (a) the Council is satisfied that no translation of work into the language in question has been published in printed or analogous forms of reproduction, by or with the authorisation of the owner of the right of translation, or that all previous editions in that language are out of print; (b) the applicant has proved to the satisfaction of the Council that he had requested and had been denied authorisation by the owner of the copyright to produce and publish such translation, or that he was, after due diligence on his part, unable to find such owner; (c) where the applicant was, after due diligence on his part, unable to find the owner of the copyright, he had sent a copy of his request for such authorisation by registered air-mail post to the publisher whose 24/08/2011 11:09

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