The amendment of Copyright Law of Thailand No. 5 B.E. 2565 (2022) which published in the Government Gazette on February 24, 2022 and will become effective on August 23, 2022 is the core action of Thai Government to be in line with the World Intellectual Property Organization Copyright Treaty (WIPO) which Thailand is presently being an official member. This article we give you review of the amendment.
The amendment comes into force the internet services providers (ISP) of the Notice and takedown against online copyright infringement (OCI) which ISP must take actions for the liability exception to OCI. The amendment also gives the new definition of the word ‘Technological Protection Measures’ which cover performers’ rights in addition.
Another notable effect on the copyright’s owner is the term of protection for photographic work will be extended from 50 years from the date of authorship to 50 years after the death of the author. However, this additional periods is not applicable to the copyright work which expired before the effective date of the amendment.
So, the movement of the law is time for us to update, understand and comply with the law. This article not only reviews the amendment but also the most important part of this law. Therefor it need to divide into 4 parts; 1) Spirit of law 2) Copyright Protection 3) Copyright Infringement 4) Notice and takedown – safe harbor
Spirit of Law
The spirit of the Thai’s copyright law is the same with other countries, is the promotion of the creation of copyright works. On one hand, the law aims for confirming the owner the exclusive rights to do certain acts in relation to the copyright work. On the other hand, secure the author (creator) and/or owner of the rights from the copyright infringement with quite a high penalty. That is the way how to promote and protect the author to create a new various creative works, arts, music and other things for the human and the worlds. Copyright is the answer
Upon digitalization, many businesses have transformed themselves into the digital platform and every moment, copyright online infringement occurs among us through the internet, through all devices which are involved with internet services providers. Internet is fast, court procedure is very slow, some legal processes are in needed to be amendment.
Let’s start from the fist point about copyright!
The copyright work under Thai law means works of authorship in the categories of literary, dramatic, artistic, musical, audiovisual, cinematographic, sound recording, sound and video broadcasting work or any other works in the literary, scientific or artistic domain, whatever may be the mode or form of its expression.
Keep this fact in mind, the copyright protection does not extend to any idea or procedure, process or system or method of use or operation or concept, principle, discovery or scientific or mathematical theory.
Not copyright works
The following works are not the copyright works under the law, the author or the owner aren’t be protected under the copyright law;
1- News, facts having the character of mere information which is not a work in literary, scientific or artistic domain,
2- All levels of law, all kinds of judicial decisions and official reports include the translation and compilation made by any government agencies.
Owner of copyright
The author and the owners of the copyright may not be the same person. In general case, the creator is the owner of copyright but in the following cases are not.
Employment and Hire
Copyright created in the course of an employment, the copyright belongs to an employer unless it has been otherwise agreed in writing. Or copyright created in the course of a hire, the copyright belongs to an employer unless the author and the employer have agreed otherwise (writing agreement is not required in case of hire).
Copyright created in the work which is an adaptation of a copyright done with the consent of the owner of copyright belongs to the person who makes such adaptation but without prejudice to the owner of copyright in the work which is adapted.
Compilation or Composition
Copyright in the work which is a compilation or a composition of copyright done with the consent of the owners of copyright or a compilation or a composition of data or the materials. The copyright belongs to the person who makes the compilation or the composition but without prejudice to the owners of copyright in the works or data or other materials which are compiled or composed.
Further information, please make an enquiry to our copyright litigation team.