(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 VI - COLLECTIVE ADMINISTRATION OF COPYRIGHT
46. (1) No person or association of persons shall commence or carryon 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 or 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;
(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 licenced 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 deregister a collecting society if its satisfied that