94
including mathematics ;
(b) seven years for works of fiction, poetry , drama and music and for art books;
(c) five years for all other works .
Grant of licence
3.
(1) Before granting a licence, the Minister shall be satisfied that,
(a) no distribution, by or with the authorization of the owner of the right o f
reproduction , of copies in printed o r analogous forms of reproduction of
that particular edition has taken place in Lesotho, to the general public
or in connection with systematic instructional activities , at a price reasonably
related to that normally charged in Lesotho for comparable works , or that,
under the same conditions , :'l;ch copies have not been on sale in Lesotho
for a continuous period of ell least six months ;
(b) the applicant for the licence has established that he either has requested,
and has been denied authorization from the owner of the right of
reproduction , or that after due diligence on his part, he was unable to find
such power;
(c) at the same time as addressing the request referred to in paragraph (b)
to the owner, the applicant for the licence has informed any national or
international information centre disignated for this purpose by the
government of the country in which the publisher of the work to be
reproduced is believed to have his principal place of business;
(d) if he is unable to find the owner of the right of reproduction , the applicant
has sent, by registered mail, a copy of his application to the publisher whose
name appears on the work and another such copy to any information centre
referred to in paragraph (c).
(2) No l icence shall be granted unless the owner ofthe right of reproduction ,
where known or located, has been given an opportunity to be heard .
(3) Where the three-year period referred to in section 2 (2) (a) applies , no
licence shall be granted until the expiration of six months computed from the date
on which the applicant complies with the requirements stipulated in subsection
(1) (a) and (c) or, where the identity or the address of the owner of the right of
reproduction is unknown, from the date on which the applicant also complies with
the requirements mentioned in subsection (1) (d) .
(4) Where the seven-year or five-year period referred to in section 2 (2) (a)
or (c) apply and where the identity or the address of the owner of the right of
reproduction is unknown, no licence shall be granted until the expiration of three
months computed from the date on which the copies referred to in subsection (1)
(d) have been mailed .
(5) If, during the period of six or three months referred to in subsection (3)
or (4), as tre case may be, a distribution or plocing on sale as described in subsection
(1) (a) has taken place, no licence shall be granted .
(6) No licence shall be granted if the author has withdrawn from circulation
all copies of the edition which is the subject of application .