CAP. 130 Copyright [Rev. 2014] (2) For the purposes of paragraph (b), renunciation by an author or his successor in title of his rights shall be in writing and made public but any such renunciation shall not be contrary to any previous contractual obligation relating to the work. (3) Subject to the payment of such fees as may be determined by the Minister in relation thereto, a work which has fallen into the public domain may be used without any restriction. PART VII – COLLECTIVE ADMINISTRATION OF COPYRIGHT 46. Collective administration of Copyright (1) No person or association of persons shall commence or carry on the business of a copyright collecting society except under or in accordance with a certificate of registration granted under this section. (2) Applications for registration as collecting societies shall be made to the Board accompanied with the prescribed fees and the Board, by a Gazette notice is empowered to declare a body which has applied for registration a collecting society, for all relevant copyright owners of for such classes of relevant copyright owners as are specified in the notice. (3) Every certificate issued to a collecting society shall be in the prescribed form and shall unless cancelled be valid for a period of twelve months from the date of issue. (4) The Board may approve a collecting society if it is satisfied that— (a) the body is a company limited by guarantee and incorporated under the Companies Act (Cap. 486); (b) it is a non-profit making entity; (c) its rules and regulations contain such other provisions as are prescribed, being provisions necessary to ensure that the interests of members of the collecting society are adequately protected; (d) its principal objectives are the collection and distribution of royalties; and (e) its accounts are regularly audited by independent external auditors elected by the society. (5) The Board shall not approve another collecting society in respect of the same class of rights and category of works if there exists another collecting society that has been licensed and functions to the satisfaction of its members. (6) The Board may, where it finds it expedient, assist in establishing a collecting society for any class of copyright owners. (7) There shall be a transitional registration period not exceeding six months from the date of commencement of this Act: Provided that the Minister may extend the period upon application by a collecting society. (8) All collecting societies that are presently registered under any other written law in Kenya, shall within the period specified in subsection (7), apply for and obtain a certificate under this Act. (9) The Board may by notice in the Gazette de-register a collecting society if its satisfied that the collecting society— [Issue 3] C40 - 30