________________ S. 35) COPYRIGHT ACT, 1957 13 (b) the applicant has prove to the satisfaction of the Copyright Board that he had requested and had been denied authorization by the owner of the copyright to produce and publish such translation, or that he was unable to find the owner of the copyright ; (c) where the applicant was unable to find the owner of the copyright, he had sent a copy of his request for such authorization to the publisher whose name appears from the work, not less than two months before the application for the licence ; (d) the Copyright Board is satisfied that the applicant is competent to produce and publish a correct translation of the work and possesses the means to pay to the owner of the copyright the royalties payable to him under this section ; (e) the author has not withdrawn from circulation copies of the work ; and (f) an opportunity of being heard is given, wherever practicable, to the owner of the copyright in the work. CHAPTER VII Performing Rights Societies 33. Performing rights society to file statement of fees, charges and royalties. (1) Every performing rights society shall, within the prescribed time and in the prescribed manner, prepare, publish and file with the Registrar of Copyrights, statements of all fees, charges or royalties which it proposes to collect for the grant of licences for performance in public of works in respect of which it has authority to grant such licences. (2) If any such society fails to prepare, publish or file with the Registrar of Copyrights the statements referred to in sub-section (1) in relation to any work in accordance with the provisions of that sub-section, no action or other proceeding to enforce any remedy, civil or criminal, for infringement of the performing rights in that work shall be commenced except with the consent of the Registrar of Copyrights. 34. Objections relating to published statements.-Any person having any objections to any fees, charges or royalties or other particulars included in any statement referred to in Sec. 33 may at any time lodge such objections in writing at the Copyright Office. 35. Determination of objections.-(1) Every objection lodged at the Copyright Office under. Sec. 34 shall, as soon as may be, be referred to the Copyright Board and the Copyright Board shall decide such objection in the manner hereinafter provided. (2) The Copyright Board shall, in respect of every such objection, give notice thereof to the performing rights society concerned. (3) The Copyright Board shall, after giving such society and the person who lodged the objection a reasonable opportunity of being heard and after making such further inquiry as may be prescribed, make such alterations in the statements as it may think fit, and shall transmit the alterations made by it to the Registrar of Copyrights, who shall thereupon, as soon as practicable after the receipt of such alterations, publish them in the official Gazette and furnish the performing rights society concerned and the person who lodged the objection with a copy thereof.
