This is the EP.3 of the series ‘The Copyright Infringement’Originally, there are 2 main categories of infringement, profit infringement and non-profit infringement. Now, according to the Section 43/4 of the 2022 amendment, we can also classify infringement into another 2 types, offline and online infringement.
The following acts without authorization of the author or owner of the copyright is deemed to infringe the copyright.
General copyright work; any reproduction or adaptation, or communication to the public against the general copyright.
Audiovisual work, Cinematographic work or A sound recording; any reproduction or adaptation, or communication to the public, or letting for hire of the original or copies of the work against these works whether against the sounds or images.
A sound and video broadcasting; any making an audiovisual work; a cinematographic work, a sound recording or a sound and video broadcasting work whether in whole or in part, or rebroadcast whether in whole or in part, or making a sound and video broadcasting work to be heard or seen in public by charging money or other commercial benefits.
A computer program copyrightable; Any reproduction or adaptation, or communication to the public, or letting for hire of the original or copy of the work.
The infringement of copyright for non-profit mentioned above can be liable to a fine of THB10,000 to 200,000. Except, making a video of the film in the movie theater can be liable to a fine of THB20,000 to 800,000, or imprisoned for 6 months to 4 years, or both.
Any person who knows or should have known that a work is made by infringement of the copyright and commits any of the following acts against the work for profit;
- occupying for sale, selling or letting for hire, offering for sale or for hire, selling or offering for hire purchase;
- communication to public;
- distribution in the manner which may affect prejudicially the owner of copyright;
- Import or importation by order into the Kingdom.
The infringement for profit can be liable to a fine of THB50,000 to 800,000, or imprisoned for 3 months to 4 years, or both.
Exceptions to online copyright Infringement
Any act against all types of copyright works which do not conflict with a normal exploitation of the copyright work by the copyright owner and does not unreasonably prejudice the legitimate interests of the author is not an infringement of copyright. For instance, research into purposes of non-profit, personal use and family member use, reproduction for benefit of research aims for purposes of non-profit. Also, criticism, review or recommendation of the work and news reporting which is accompanied by an acknowledgement of the ownership of copyright in such work etc.
Further information, please make an enquiry to our copyright litigation team.