This article is the final episode of the Copyright Act 2022 Amendment series ‘the notice and takedown, safe harbor.
Upon digitalization, copyright can be infringed fast and easy. The modernization of law is needed. 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 Services Providers Definition
According to the 2022 amendment of the Copyright Act together with the Computer Crime Act B.E. 2550 Section 3, the internet services provider (ISP) means all ISPs through all devivides. The Copyright Act of Thailand classifies ISPs into four categories.
- Intermediary ISP who provides the transmission, networks and infrastructure.
- Caching ISP who caching infringing activities.
- Hosting ISP who provides computer data storage.
- Search engines that link to infringing activities.
Notice and takedown
Section 43/6 of the amendment allowed the copyright’s owner to notify the ISP requesting the takedown of the online copyright infringement. When the ISP has been notified together with the required information, the ISP must takedown the infringement data immediately and notify the user who has uploaded such copyright work for his/her defense.
The ISP who fails to comply with the takedown notification may be liable for damages arising from such failure. Notice and takedown is part of a law requirement for liability exception to online infringement. However, If the said notification is false, the sender must be liable for any damages arising from such false notification (Section 43/8).
This notification proceeding doesn’t need any court order. This principle is derived from the Digital Millennium Copyright Act (DMCA) of the USA. The law has encouraged copyright owners and ISP to work together against online copyright infringement.
Safe harbor is an action that provides liability exceptions to online copyright Infringement. According to Section 43/1 to 43/5 of the 2022 amendment, the sections force the ISP to take actions for the liability exception which the ISP must comply with the following actions.
1-Announced the measures policy to cancel services to any users who repeated the copyright infringements AND complied with the policy. AND,
2-Provide a channel for notification and contact details at an easily accessible location. AND,
3-Takedown the infringement without delay upon the acknowledgment or the notification of the infringement. AND,
4-ISP does not receive any financial benefit from the infringement, in case the ISP has the right and ability to control the infringements.
The 2022 amendment of the Copyright law of Thailand with notice and take down and self harbor is a good movement of the Thai government which complies with the intention of intelligence property law to promote and protect the author to create new various creative works, arts, music and other things for the human and the worlds.
Further information, please make an enquiry to our copyright litigation team.