Laws and Regulations

Copyright Law and Regulations

The legal effect of a copyright in Thailand is to protect the owner’s creation or works form infringement by giving the owner the power to file a civil or criminal complaint to enforce his copyright. According to the Thai Copyright Act B.E. 2537 (1994), there are 8 categories of works, which may be protected:

1. literary works, including computer programs;

2. dramatic works;

3. artistic works;

4. musical works;

5. audio-visual works,

6. cinematographic works, recorded material;

7. sound and video broadcasting works; and

8. any other works in the fields of literature, science or fine arts.

The Copyright Act protects computer software against reproduction or adaptation, publicity and rental of such software.

A copyright belongs to the creator of a work, under the following conditions:

• In the case of unpublished work, the creator must be a Thai national or reside in Thailand or be a national of or reside in a country which is a member of the Convention on the Protection of Copyright, of which Thailand is a member, provided that the residence at all times or most of the time is spent on the creation of the work
• In case of published work, the first publication must be made in Thailand or in a country which is a member of the Convention on the Protection of Copyright. In the case where the first publication was made outside Thailand or in a country which is not a member of the Convention, of the public of the sound work is subsequently made in Thailand or in a country which is a member of the Convention within 30 days from the first publication or the creator has the qualification as prescribed above at the time of the first publication.
• In cases where the creator is required to be a person of Thai nationality, and the creator is a juristic person, such juristic person must be established under the Civil and Commercial Code of Thailand.

Copyright Infringement

The Copyright Act includes a comprehensive list of the types of infringement covered by law:

• Infringement by reproduction regardless of whether made in whole or in part
• Infringement by adaptation without the appearance of creating a new work whether wholly or partly
• Infringement by publicizing without permission

Exceptions

Under the Act, any act that might be deemed copyright infringement may not be so deemed if done for the following purposes:

1. Research or education, without any commercial purposes

2. For one's own benefit or for the benefit of a member of one's own family, or close relatives

3. Comment, criticism or recommendation of the work, with recognition of the copyright ownership of such work

4. Presenting news or otherwise reporting through the mass media, with recognition of the copyright ownership of the work

5. Reproduction, adaptation, performance or presentation for a court hearing or consideration by competent and authorized officers or for the purpose of reporting on the outcome of such hearing or consideration

6. Copying, duplicating, or adapting parts of the work, or making extracts or summaries, by teachers or by educational institutions for the purpose of distributing or selling to students in school classes or in educational institutions, provided that such activities are not for commercial purposes; and

7. Using the work as parts of questions and answers in examinations.

8. Citing, copying or imitating certain parts of the copyrighted works under the Act, with recognition of the copyright ownership of the work.

9. The Act also entitles librarians to reproduce works copyrighted under the Act, provided that complete reproduction is not done for commercial purposes.

Works Not Subject to Copyright

The Act specifically provides that the following are not deemed eligible for copyright protection:

1. Daily news and facts that are, by nature, merely news items

2. The Constitution and laws

3. Announcements, orders and regulations of ministries, bureaus, departments or any other agency of the state or local jurisdiction

4. Court judgments, orders, rulings and official reports

5. Translations and collections of those items specified as above which are prepared by government agencies or local administrations.

International Copyrights

The Copyright Act of 1994 protects copyright works of a creator and the rights of a performer of a country party to conventions on copyright protection or conventions on performance rights protection to which Thailand is a party, or for works copyrighted under international organizations of which Thailand is a member.

Licensing and Assignment of Copyrights

The 1994 Act provides that a copyright owner is entitled to grant licenses to another person to use or exercise rights with respect to his copyrighted work. The Act requires that an assignment of copyright must be made in writing and signed by the copyright owner and the assignee. In the event the assignment is made without specifying the assignment period, the assignment shall be valid for 10 years. In addition, the creator of the copyrighted work retains the right to forbid the assignee to distort, delete from, adapt, or act otherwise in any manner against the work if such act would cause damage or injury to the reputation or prestige of the creator.

Copyright Protection Period

A copyright in literature, drama, artistry or music is valid throughout the lifetime of the creator, and for an additional 50 years thereafter. In case that a work is of joint authorship, copyright exists for the life of the joint-authors plus fifty years as from the death of the last surviving joint - author. In the event the creator is a juristic person, the copyright will be valid for a period of 50 years following the creation of the work. Copyright in a work of applied arts exists for 25 years from the time of authorship.

Penal Provisions