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(7) Where the edition which is the subject of an application for licence under
this Schedule is a translation, the licence shall only be granted if the translation
is in a language indicated in section 7 of the Order and was published by or with
the authorization of the owner of the right of translation.
Scope and condition of the licence
4. ( 1) A licence under this Schedule,
(a) shall be only for the use in connection with systematic instructional
activities;
(b) shall, sub5p.ct to section, 5, only allow publication in a printed or analogous
form of rel'roduction at a price reasonably related to, or lower than, that
normally charged in Lesotho for comparable wode;
(c) shall only allow publication within Lesotho and shall not extend to the
export of copies made under the licence:
Provided that where the Minister ceritifies that facilities do not exist within
Lesotho for such reproduction or that existing facilities are incapable , for
economic or practical reasons, of such reproduction , the reproduction may
be made outside Les<:tho if,
(i) the country where the work of reproduction is done is party to the
Berne Convention;
(ii) all copies reproduced are sent to the licensee in one or more bulk
shipments for distribution exclusively in Lesotho and the contract
between the licensee and the establishment doing the work of
reproduction so requires;
(iii) the said contract provides that the establishrrent engaged for doing
the work of repr oduction guarantees that the work of
reproduction is lawful in the country where it is done; and
(vi) the licensee does not entrust the work of reprodllction to an
establishment specially created for the purpose of having copies
reproduced of works for which a licence has been granted under this
Schedule;
(a) shall be non-exclusive; and
(b) shall not be transferrable .
(2) The licence shall provide for just compensation in favour of the owner
of the right of reproduction that is inconsistent with standards of royalties normally
operating in the case of licences freely negotiated between persons in Lesotho and
owners of reproduction rights in the country of the owner of the right of
reproduction.
(3) If the licensee is anable, by reason of curreocy laws, to transmit the
compensation to the owner of the right of reproduction , he shall report the fact
to the Minister who shall make all efforts, by the use of international machinery,
to ensure such transmittal in internationally convertible currency or its equivalent .
(4) As a condition of maintaining the validity of the licence, the reproduction
of that particular edition shall be accurate and all published copies shall include