Copyright Act, 2005 Act 690 General Provisions Thepublicdomain 38. (1) The following works belong to the publicdomain (a) works with expired terms of protection, (b) worksby authorswho have renouncedtheir rights, and (c) foreignworks that do not enjoy protectionin the Republic. (2) For the purposes of paragraph (b) of subsection (1) of this section renunciation by an author or the author's successor in title of the author's rights providedunder section5 shallbe by writing and made public,but the renunciation shall notconflictwithanyprevious contractual obligation relating to the work. (3) Subject to the payment of a fee that may bespecified bythe Ministera workthathasfallen intothepublic domain maybeusedwithout anyrestriction. (4) Thereshallbe establishedby theMinistera fundfor the depositof any money that accruesfrom the payment of fees under subsection (3). (5) Thefundshall beestablished withtheapproval oftheAccountant-General and shallbe for the benefitof institutions that promotethe arts,authors, performers, producers of soundrecording, translators andtheartsin general, exceptthat separate head accounts shall be assigned to the respective arts. (6) The fund shall be managed by the CopyrightAdministratorin consul­ tation withthe Minister. Registration of works 39. (1) The Copyright Administrator appointed under section 68 shall open and maintain registersin which shall be registeredassociationsof authors, works and productions. (2) The purposesof registration are (a) to maintain a record of works, (b) to publicisethe rights of the owners, and (c) to giveevidenceof the ownershipand authentication of intellectual property. (3) A publisherof workin theRepublic maysubmit theworkforregistration bytheCopyrightAdministrator afteritspublication andtwocopies of the bestedition may be deposited at the Copyright Office. (4) Copyright protection of a work shall not be dependent on the regis­ trationof the work. Presumption of authorship 40. (1) An individual whose name is indicatedas the authoron any work shall. be presumed to be the author of the work in the absence of any proof to the contrary. 19