Thailand Copyright Law

All news

thailand_copyright_1995_en.pdf

THAILAND

H.M. KING BHUMIBOL ADULYADEJ

Given on the 9th day of DECEMBERB.E. 2537 (1994)

being the 49 year of the present reign.

By royal command of His Majesty King Bhumibol Adulyadej it

is hereby proclaimed that :

Where as it is proper the amend the law on copyright,IT IS

HEREBY ENACTED by the King's Most Excellency Majesty with the

advice and consent of the National Legislature as follows :

Section 1. This Act shall be cited as the Copyright Act B.E.2537.

Section 2. This Act shall come into force at the expiration of ninety

days from the date of publication in the Government Gazette.

Section 3. The Copyright Act B.E.2521 shall be repealed.

Section 4. In this Act :

"author" means a person who makes or creates any work which is a

"copyright" means the exclusive right to do any act according to this

Act with respect to the work created by the author.

-2 -

"literary work" means any kind of literary work such as books,

pamphlets, writings, printed matters,lectures,sermons, addresses,

speeches, including computer programs.

"computer program" means instructions, set of instructions or

anything which are used with a computer so as to make the

computer work or to generate a result no matter what the computer

language is.

"dramatic work" means a work with respect to choreography,

dancing, acting or performance in dramaticarrangement, including a

pantomime.

"artistic work" means a work of any one or more of the following

characters :

(1)work of painting and drawing which means a creation of

configuration consisting of lines, lights, colors or any other things or

the composition thereof upon one or more materials.

(2)work of sculpture which means a creation of configuration with

tangible volume.

(3)work of lithography which means a creation of picture by printing

process and includes a printing block or plate used in the printing.

(4)work of architecture which means a design of building or

construction, a design of interior or exterior decoration as well as a

-3 -

landscape design or a creation of a model of building or

construction.

(5)photographic work which means a creation of picture with the

use of image-recording apparatus which allows the light to pass

through a lens to a film or glass and developed with liquid chemical

of specific formula or with any process that creates a picture or an

image-recording with any other apparatus or method.

(6]work of illustration, map, structure, sketch or three-dimensional

work with respect to geography, topography or science.

(7)work of applied art which means a work which takes each or a

composition of the works mentioned in (1) to (6) for utility apart from

the appreciation in the merit of the work such as for practical use of

such work,decorating materials or appliances or using for

commercial benefit. Provided that, whether or not the work in (1) to

(7) has an artistic merit and it shall include photographs and plans

of such work.

"musical work" means a work with respect to a song which is

composed for playing or singing whether with rhythm and lyrics or

only rhythm, including arranged and transcribed musical note or

musical diagram.

"audiovisual work" means a work which consists of a sequence of

visual images recorded on any kind of material and which is

-4 -

capable of being replayed with an equipment necessary for such

material, including the sound track of such work, if any.

"cinematographic work" means an audiovisual work which consists

of a sequence of visual images which can be continuously shown

as moving pictures or can be recorded upon another material so as

to be continuously shown as moving pictures, including the sound

track of such cinematographic work, if any.

"sound recording" means a work which consists of sequence of

music, sound of a performance or any other sound recorded on

any kind of material and capable of being replayed with an

equipment necessary for such material but not including the sound

track of a cinematographic work or another audiovisualwork.

"performer" means a performer, musician, vocalist, choreographer,

dancer, and a person who acts,sings, speaks, dubs a translation or

narrates or gives commentary or performs in accordance with the

scriptor performs in any other manner.

"broadcasting work" means a work which is communicated to public

by means of radio broadcasting,sound or video broadcasting on

television or by any other similar means.

"reproduction" includes any method of copying, imitation,

duplication, block-making, sound recording,video recording or

sound and video recording for the material part from the original,

copy or publication whetherof the whole or in part and, as for

-5 -

computer program, means duplication or making copies of the

program from any medium for the substantial part with any method

without a character of creating a new work whether of the whole or

in part.

"adaptation" means a reproduction by conversion, modification or

emulation of the original work for the substantial part without a

character of creating a new work whether of the whole or in part.

(1)with regard to literary work, it shall include a translation, a

transformation or a collection by means of selection and

arrangement,

(2)with regard to computer program, it shall include a reproduction

by means of transformation, modification of the program for the

substantial part without a character of creating a new work,

(3)with regard to dramatic work, it shall include the transformation of

a non-dramatic work to a dramatic work or a dramatic work to a

non-dramatic work, whether in the original language or a different

language,

(4]with regard to artistic work, it shall include the transformation of a

two-dimensional work or a three-dimensional work to a threedimensional

work or a two-dimensional work or the making of a

model from the original work,

(5)with regard to musical work, it shall include an arrangement of

tunes or an alteration of lyrics or rhythm.

-6 -

"communication to public" means making the work available to

public by means of performing, lecturing, preaching, playing music,

causing the perception by sound or image, constructing, distributing

or by any other means.

"publication" means the distribution of duplicated copies of a work

whatever may be the form of character with consent of the author

where such copies are available to the public at a reasonable

quantity having regard to the nature of the work provided that the

performance or play of a dramatic work, a musical work or a

cinematographic work, the lecture or the recitation of a literary work,

the sound and video broadcasting of a work, the exhibition of an

artistic work and the construction of a work of architecture shall not

constitute publication.

"officials" means the persons appointed by the Minister to act in

accordance with this Act.

"Director General" means the Director General of the Department of

Intellectual Property and includes the persons designated by the

Director General of the Department of Intellectual Property.

"Committee" means the Copyright Committee.

"Minister" means the Minister who is in charge of this Act.

Section 5. The Minister of Commerce shall be in charge of this Act

and shall be authorized to appoint officials and issue the Ministerial

Regulations so as to implement this Act.

-7 -

The Ministerial Regulations which have been proclaimed in the

Government Gazette shall be enforceable.

Section 6. The Copyright work by virtue of this Act means a work of

authorship in the form of literary, dramatic, artistic, musical,

audiovisual, cinematographic, sound recording, sound and video

broadcasting work or any other work in the literary, scientific or

artistic domain whatever may be the mode or form of its expression.

processes or systems or methods of use or operation or concept,

principles, discoveries or scientific or mathematical theories.

Section 7. The followings are not deemed copyright work by virtue

of this Act : (1)news of the day and facts having the character of

mere information which is not a work in literary, scientific or artistic

domain, (2)constitution and legislations, (3)regulations, by-laws,

notifications, orders, explanations and official correspondence of

the Ministries, Departments or any other government or local units,

(4)judicial decisions, orders, decisions and official reports,

(5)translation and collection of those in (1) to (4) made by the

Ministries, Departments or any other government or local units.

PART 2

ACQUISITION OF COPYRIGHT

Section 8. The author of a work is the owner of copyright in the

work of authorship subject to the following conditions :

(1) In the case of unpublished work, the author must be a

-8 -

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

residence must be at all time or most of the time spent on the

creation of the work ;

(2) In the case of published work, the first publication must

be made in Thailand or in a country which is member of the

Convention on the copyright protection of which Thailand is a

member, or in the case the first publication is made outside

Thailand or in a country which is not member of the Convention on

the copyright protection of which Thailand is a member, if the

publication of the said work is subsequently made in Thailand or in

a country which is member of the Convention on the copyright

protection of which Thailand is a member within thirty days as from

the first publication, or the author has the qualifications as

prescribed in (1) at the time of the first publication. In the case the

author must be a Thai national, if the author is a juristic person, it

must be established under the Thai law.

Section 9. Copyright in the work created by the author in the course

of employment vests upon the author unless it has been otherwise

agreed in writing provided that the employer is entitled to

communicate such work to public in accordance with the purpose of

the employment.

Section 10. Copyright in the work created in the course of

commission vests upon the employer unless the author and the

employer have agreed otherwise.

-9 -

Section 11. Copyright in the work which is an adaptation of a

owner of copyright vests upon the person who makes such

adaptation but without prejudice to the owner of copyright in the

work created by the original author that is adapted.

Section 12. Copyright in the work which is a compilation or a

composition of copyright works by virtue of this Act done with the

consent of the owners of copyright or a compilation or a

composition of data or the materials which are readable or

conveyable by a machine or other apparatus, vests upon the

person who makes the compilation or the composition provided that

he hasdone so by means of selection or arrangement in the manner

which is not an imitation of the work of another person but without

prejudice to the owners of copyright in the works or data or other

materials created by the original authors which are complied or

composed.

Section 13. Section 8, Section 9 and Section 10 shall apply mutatis

mutandis to the acquisition of copyright under Section 11 or Section

12.

Section 14. The Ministries, Departments or other government or

local units are the owners of copyright in the works created in the

course of employment, order or control unless it is otherwise agreed

in writing.

PART 3

-1 0-

Section 15. Subject to Section 9, Section 10 and Section 14, the

owner of copyright has the exclusive rights of :-

(1) reproduction or adaptation,

(2) communication to public,

(3) letting of the original or the copies of a computer

program, an audiovisual work, a cinematographic work and sound

recordings,

(4) giving benefits accruing from the copyright to other

persons,

(5) licensing the rights mentioned in (1), (2) or (3) with or

without conditions provided that the said conditions shall not unfairly

restrict the competition. Whether the conditions as mentioned in

sub-section (5) of the paragraph one are unfair restrictions of the

competition or not shall be considered in accordance with the rules,

methods and conditions set forth in the Ministerial Regulation.

Section 16. If the owner of copyright by virtue of this Act permits a

person to exercise the right according to Section 15(5), it shall be

deemed that the permission does not restrict the owner of copyright

to also give such permission to another person except that the

written permission specifies the restriction.

Section 17. The copyright is assignable.

The owner of copyright may assign the copyright of the whole or

in part and may assign it for a limited duration or for the entire term

of copyright protection.

The assignment of copyright by other means except by

inheritance must be made in writing with the signatures of the

-1 1-

assignor and the assignee. If the duration is not specified in the

assignment contract, the assignment shall be deemed to last for ten

years.

Section 18. The author of the copyright work in this Act is entitled to

identify himself as the author and to prohibit the assignee or any

person from distorting, shortening, adapting or doing anything

against the work to the extent that such act would cause damage to

the reputation or dignity of the author. When the author has died,

the heirs of the author is entitled to litigation for the enforcement of

his right through the term of copyright protection unless otherwise

agreed in writing.

PART 4

TERM OF COPYRIGHT PROTECTION

Section 19. Subject to Section 21 and Section 22, copyright by

virtue of this Act subsists for the life of the author and continues to

subsist for fifty years after the death of the author.

In the case of a work of joint authorship, copyright subsists for

the joint-authors and continues to subsist for fifty years as from the

death of the last surviving joint-author.

If the author or all joint-authors die prior to the publication of the

work, copyright subsists for fifty years as from the first publication of

the work.

In the case of the author being a juristic person, copyright

subsists for fifty years as from the authorship; provided that if the

-1 2-

work is published during such period, the copyright continues to

subsist for fifty years as from the first publication.

Section 20. Copyright by virtue of this Act in a work which is created

by a pseudonymous or anonymous author subsists for fifty years as

from the authorship; provided that if the work is published during

such period, copyright subsists for fifty years as from the first

publication.

If the identity of the author becomes known, Section 19 shall

apply mutatis mutandis.

Section 21. Copyright in a photographic work, audiovisual work,

cinematographic work, sound recordings or audio and video

broadcasting work subsists for fifty years as from the authorship;

provided that if the work is published during such period, copyright

subsists for fifty years as from the first publication.

Section 22. Copyright in a work of applied art subsists for twentyfive

years as from the authorship; provided that if the work is

published during such period, copyright subsists for fifty years as

from the first publication.

Section 23. Copyright in a work which is created in the course of

employment, instruction or control in accordance with Section 14

subsists for fifty years as from the authorship; provided that if the

work is published during such period, copyright subsists for fifty

years as from the first publication.

Section 24. The publication under Section 19, Section 20, Section

21, Section 22 or Section 23 which is the commencement of the

term of copyright protection means the publication of the work with

-1 3-

the consent of the owner of copyright.

Section 25. When the term of copyright protection expires during a

year and the expiry date is not the last calendar day of the year or

the exact date of expiry is not known, copyright continues to subsist

until the last day of that calendar year.

Section 26. The publication of a copyright work after the expiry of

the term of copyright protection shall not cause anew the copyright

in such work.

PART 5

INFRINGEMENT OF COPYRIGHT

Section 27. Any of the following acts against a copyright work by

virtue of this Act without the permission in accordance with Section

15(5) shall be deemed an infringement of copyright :

(1) reproduction or adaptation,

(2) communication to public.

Section 28. Any of the following acts against an audiovisual work,

a cinematographic work or a sound recording copyrightable by

virtue of this Act without the permission in accordance with Section

15(5) whether against the sound or image shall be deemed an

infringement of copyright :

(1) reproduction or adaptation,

(2) communication to public,

(3) letting of the original or copies of the work.

Section 29. Any of the following acts against a sound and video

broadcasting copyrightable by virtue of this Act without the

-1 4-

permission in accordance with Section 15(5) shall be deemed an

infringement of copyright :

(1) making an audiovisual work, a cinematographic work, a sound

recording or a sound and video broadcasting work whether of the

whole or in part,

(2) rebroadcasting whether of the whole or in part,

(3) making a sound and video broadcasting work to be heard or

seen in public by charging money or another commercial benefit.

Section 30. Any of the following acts against a computer program

copyrightable by virtue of this Act without the permission in

accordance with Section 15(5) shall be deemed an infringement of

(1) reproduction or adaptation,

(2) communication to public,

(3) letting the original or copy of the work.

Section 31. Whoever knows or should have known that a work is

made by infringing the copyright of another person and commits

any of the following acts against the work for profit shall be deemed

to infringe the copyright :

(1) selling, occupying for sale, offering for sale, letting, offering for

lease, selling by hire purchase or offering for hire purchase,

(2) communication to public,

(3) distribution in the manner which may cause damage to the

owner of copyright,

(4) self-importation or importation by order into the Kingdom.

-1 5-

PART 6

EXCEPTIONS FROM INFRINGEMENT OF COPYRIGHT

Section 32. An act against a copyright work by virtue of this Act

of another person which does not conflict with a normal exploitation

of the copyright work by the owner of copyright and does not

unreasonably prejudice the legitimate right of the owner of copyright

shall not be deemed an infringement of copyright.

Subject to the provision of paragraph one, any act against the

infringement of copyright provided that the act is each of the

followings :

(1) research or study of the work which is not for profit;

(2) use for personal benefit or for the benefit of himself and

other family members or close relatives;

(3) comment, criticism or introduction of the work with an

acknowledgement of the

ownership of copyright in such work;

(4) reporting of the news through mass-media with an

acknowledgement of the ownership of copyright in such work;

(5) reproduction, adaptation, exhibition or display for the

benefit of judicial proceedings or administrative proceedings by

authorized officials or for reporting the result of such proceedings;

(6) reproduction, adaptation, exhibition or display by a

teacher for the benefit of his teaching provided that the act is not for

profit;

-1 6-

(7) reproduction, adaptation in part of a work or

abridgement or making a summary by a teacher or an

educational institution so as to distribute or sell to students in a

class or in an educational institution provided that the act is not for

profit;

(8) use of the work as part of questions and answers in

an examination.

Section 33. A reasonable recitation, quotation, copy, emulation or

reference in part of and from a copyright work by virtue of this Act

with an acknowledgement of the ownership of copyright in such

work shall not be deemed an infringement of copyright provided that

Section 32 paragraph one is complied with.

Section 34. A reproduction of a copyright work by virtue of this Act

by a librarian in the following cases shall not be deemed an

infringement of copyright provided that the purpose of such

reproduction is not for profit and Section 32 paragraph one is

complied with :

(1) reproduction for use in the library or another library;

(2) reasonable reproduction in part of a work for another

person for the benefit of research or study.

Section 35. An act against a computer program which is a

be deemed an infringement of copyright provided that the purpose

is not for profit and Section 32 paragraph one is complied with :

(1) research or study of the computer program,

(2) use for the benefit of the owner of the copy of the

-1 7-

computer program,

(3) comment, criticism or introduction of the work with an

acknowledgement of the ownerhsip of the copyright in the computer

program;

(4) reporting of the news through mass media with an

acknowledgement of the ownership of copyright in the computer

program;

(5) making copies of a computer program for a

reasonable quantity by a person who has legitimately bought or

obtained the program from another person so as to keep them for

maintenance or prevention of loss;

(6) reproduction, adaptation, exhibition or display for the

benefit of judicial proceedings or administrative proceedings by

authorized officials or for reporting the result of such proceedings;

(7) use of the computer program as part of questions and

answer in an examination;

(8) adapting the computer program as necessary for use;

(9) making copies of the computer program so as to keep

them for the reference or research for public interest.

Section 36. The public performance of a dramatic work or a

musical work as appropriate which is not organized or conducted

for seeking profit from such activity and without direct or indirect

charge for watching the performance and the performers not

receiving remuneration for such performance shall not be deemed

an infringement of copyright provided that it is conducted by an

association, foundation or another organization which has

-1 8-

objectives for public charity, education, religion or social welfare

and that Section 32 paragraph one is complied with.

Section 37. A drawing, painting, construction, engraving,

moulding, carving, lithographing, photographing, cinematographing,

video broadcasting or any similar act of an artistic work, except an

architectural work, which is openly located in a public place shall

not be deemed an infringement of copyright in the artistic work.

Section 38. A drawing, painting, engraving, moulding, carving,

lithographing, photographing, cinematographing or video

broadcasting of an architectural work shall not be deemed an

infringement of copyright in the architectural work.

Section 39. A photographing or cinematographing or video

broadcasting of a work of which an artistic work is a component

shall not be deemed an infringement of copyright in the artistic

work.

Section 40. In case another person apart from the author jointly

owns the copyright in an artistic work, the subsequent creation by

the same author of the artistic work in such a manner that a part of

the original artistic work is reproduced or the printing pattern,

sketch, plan, model or data acquired from a study which has been

applied in the creation of the original artistic work is used shall not

be deemed an infringement of copyright in the artistic work provided

that the author does not reproduce or copy the substantial part of

the original artistic work.

Section 41. A restoration in the same appearance of a building

which is a copyright architectural work by virtue of this Act shall not

-1 9-

be deemed an infringement of copyright.

Section 42. When the term of protection for a cinematographic

work has come to an end, the communication to public of the

cinematographic work shall not be deemed an infringement of

work, audiovisual work, sound recording or any work previously

used to creat such cinematographic work.

Section 43. A reproduction of a copyright work by virtue of this Act

which is in the possession of the government by an authorized

official or by an order of such official for the benefit of government

service shall not be deemed an infringement of copyright provided

that Section 32 paragraph one is complied with.

CHAPTER 2

PERFORMERS’ RIGHT

Section 44. The performer has the following exclusive rights with

respect to the acts concerning his performance;

(1) sound and video broadcasting or communication to public

of the performance except the sound and video broadcasting or

communication to public from a recording material which has been

recorded;

(2) recording the performance which has not been recorded;

(3) reproducing the recording material of the performance

which has been recorded without the consent of the performer or

the recording material of the performance with the consent of the

-2 0-

performer but for another purpose or the recording material of the

performance which falls within the exceptions of the infringement of

performer’s rights by virtue of Section 53.

Section 45. Whoever causes the sound broadcasting or the direct

communication to public of the audio recording material of a

performance which have already been disseminated for commercial

purpose or the copies thereof is bound to pay a just remuneration to

the performer. In case the parties can not agree upon the

remuneration, the Director General shall stipulate the remuneration

by taking into account the normal rate of remuneration in such

specific business.

A party may appeal the order of the Director General according

to paragraph one to the Committee within ninety days as from

receiving the letter informing the order of the Director General. The

decision of the Committee shall be final.

Section 46. Where there are more than one performer involved in

a performance or an audio recording of a performance, those

performers may appoint a joint agent to take care of or administer

their rights.

Section 47. A performer has the rights in his performance

according to Section 44 provided that the following conditions are

met :

(1) the performer has Thai nationality or has a habitual residence

in the Kingdom or;

(2) The performance or the major part of the performance takes

place in the Kingdom or in a country which is a member of the

-2 1-

Convention on the protection of performers’ rights of which Thailand

is also a member.

Section 48. A performer is eligible to receive the remuneration

according to Section 45 provided that the following conditions are

met :

(1) the performer has Thai nationality or has a habitual

residence in the Kingdom when the audio recording of the

performance takes place or when he exercises a claim of his right

or;

(2) the audio recording of the performance or the major part

of the audio recording of the performance takes place in the

Kingdom or in a country which is a member of the Convention on

the protection of performers’ rights of which Thailand is also a

member.

Section 49. The performer’s rights according to Section 44 lasts

for fifty years as from the last day of the calendar year in which the

preformance takes place. In case the performance is recorded, the

performer’s rights lasts for fifty years as from the last day of the

calendar year in which the recording of the performance takes

place.

Section 50. The performer’s rights according to Section 45 lasts

for fifty years as from the last day of the calendar year in which the

audio recording of the performance takes place.

Section 51. The performer’s rights according to Section 44 and

Section 45 are assignable whether of the whole or in part and may

be assignable for a fixed duration or the whole term of protection.

-2 2-

In case there are more than one performer involved, each

performer is entitled to assign the rights which specifically belong to

him.

The assignment of rights by other means except by inheritance

must be made in writing with the signatures of the assignor and the

assignee. If the duration is not specified in the assignment contract,

the assignment shall be deemed to last for three years.

Section 52. Whoever acts as specified in Section 44 without the

consent of the performer or without paying remuneration in

accordance with Section 45 shall be deemed to infringe the

performer’s rights.

Section 53. Section 32, Section 33, Section 34, Section 36,

Section 42, and Section 43 shall apply mutatis mutandis to the

performer’s rights.

CHAPTER 3

USE OF COPYRIGHT IN SPECIAL CIRCUMSTANCES

Section 54. A Thai national who desires to seek a copyright

license for a work which has already been communicated to public

in the form of printed materials or other similar forms according to

this Act for the benefit of study, teaching or research without a

profit-seeking purpose may submit an application to the Director

General by showing evidence that the applicant has previously

sought a license from the copyright owner to translate the work into

Thai or to reproduce the copies of the translation published in Thai

but his request has been denied or after a reasonable period of time

-2 3-

having elapsed the agreement can not be concluded provided that

at the time of submitting the application :

(1) the copyright owner has not translated or authorized any

person to translate the work into the Thai language for publication

within three years after the first publication of the work or;

(2) the copyright owner has published the translation in the

Thai language but, beyond three years after the last publication of

the translation, no further publication is made and all the editions of

the published translation are out of print.

The application according to paragraph one shall follow

these rules, methods and conditions:

(1) The Director General shall not grant the license for the

application according to paragraph one if the time specified in

paragraph one (1) or (2) has elapsed not exceeding six months.

(2) in case the Director General grants the license, the

grantee shall be solely entitled to translate or publish the licensed

translation provided that the Director General shall not permit

another person to make the Thai translation from the same original

has elapsed not exceeding six months.

(3) the grantee is prohibited from assigning the granted

license to another person.

(4) if either the copyright owner or the licensee can

assure the Director Ge-neral that he has made the Thai translation

or has published the translated version in Thai content of which is

identical to that of the printed materials which are the subjects of

-2 4-

license according to Section 55 and has distributed the printed

materials at appropriate price comparable with that of another

work of the same nature being sold in Thailand, the Director

General shall order that the license granted to the grantee be

terminated and shall inform the grantee of such order without delay.

The grantee may distribute the copies of the printed

materials which have been made or published prior to the order of

termination by the Director General until they are out of stock.

(5) the grantee is prohibited to export the copies of the

printed materials of the licensed translation or publication in Thai

except for the following conditions :

(a) the recipient abroad is a Thai national;

(b) the printed materials serve the purposes of study,

teaching or research;

commercial purpose; and

(d) the country to which the printed materials are

delivered allows Thailand to deliver or distribute the printed

materials to or within that country.

Section 55. Upon receiving the application according to Section

54, the Director General shall arrange an agreement between the

concerning parties as to the remuneration for and the conditions of

the license. In case the parties can not reach the agreement, the

Director General shall give an order on the just remuneration by

taking into consideration the normal rate of remuneration in such

business and may stipulate conditions for the license as he deems

-2 5-

appropriate.

When the remuneration and conditions are stipulated, the

Director General shall issue the license certificate to the applicant.

The concerning parties may appeal the order of the Director

General according to paragraph one to the Committee within ninety

days as from the receipt of the letter informing the order of the

Director General. The decision of the Committee shall be final.

CHAPTER 4

Section 56. A committee called "the Copyright Committee" shall

be established and to be composed of the Permanent Secretary of

the Minister of Commerce as Chairman as well as distinguished

members not exceeding twelve persons appointed by the Cabinet in

which not less than six persons are appointed from representatives

of associations of the owners of copyright or performers’ rights and

representatives of associations of the users of copyright or

performers’ rights.

The Committee may appoint any person secretary and assistant

secretary.

Section 57. An office term of the distinguished members is two

years. The member who have been out of office may be

reappointed.

In case a member is out of office before the end of his office term or

in case the Cabinet appoints additional members while the

previously appointed members are still in office, the office term of

-2 6-

the member appointed to replace the vacant post or the additional

member shall be equal to the remaining term of the previously

appointed members.

Section 58. The distinguished members are out of office upon

(1) death;

(2) resignation;

(3) discharge by the Cabinet;

(4) becoming bankrupt;

(5) becoming an incompetent or a quasi-incompetent person;

(6) getting an imprisonment by a final judgement to impose

imprisonment except an imprisonment for the offence which has

been committed by negligence or for a petty offence.

Section 59. The quorum of the committee meeting shall consist of

not less than one-half of the number of the whole committee

members. If the Chairman is not present or is not able to perform

his duty, the attending committee members shall elect one

committee member to preside over the meeting. The resolution of

the meeting shall be decided by majority.

Each committee member has one vote. In case of equal votes,

the presiding chairman shall have one additional casting vote.

Section 60. The Committee shall have the following authorities :

(1) to give advice or consultation to the Minister for the

issuance of Ministerial Regulations under this Act;

(2) to decide appeals against orders of the Director General

according to Section 45 and Section 55;

(3) to support or facilitate the association or organization of

-2 7-

authors or performers with respect to the collection of royalties from

users of the copyright work or the performer’s rights and the

protection or safeguard of the rights or any other benefits under this

Act;

(4) to consider other matters as assigned by the Minister.

The Committee is authorized to appoint a Sub-committee to

consider or perform any matter as assigned by the Committee and

Section 59 shall apply mutatis mutandis to the meeting of the subcommittee.

The Committee or the Sub-committee is authorized to issue a

written order summoning any person to testify or to submit

documents or other materials for consideration as necessary.

CHAPTER 5

INTERNATIONAL COPYRIGHT ANDPERFORMER'S RIGHTS

Section 61. A copyright work of an author as well as rights of a

performer of a country which is a member of the Convention on the

protection of copyright or the Convention on the protection of

performer's rights of which Thailand is also a member or a copyright

work of an international organization of which Thailand is a member

shall be protected by this Act.

The Minister has an authority to proclaim the names of the

member countries of the Convention on the protection of copyright

or the Convention on the protection of performer's rights in the

Government Gazette.

-2 8-

CHAPTER 6

LITIGATION WITH RESPECT TO COPYRIGHTAND

PERFORMER'S RIGHTS

Section 62. It shall be presumed in a litigation with respect to

that the work in dispute is a copyright work or the subject of

performer's right in this Act and the plaintiff is the owner of copyright

or performer's rights in such work or subject unless the defendant

argues that no one owns the copyright or the performer's rights or

disputes the plaintiff's right.

As for a work or subject bearing a name or a substitution for

name of a person claiming to be the owner of copyright or

performer's rights, it shall be presumed that the person who is the

owner of the name or the substitution for name is the author or the

performer.

As for a work or subject bearing no name or no substitution for

name or bearing a name or a substitution for name without a claim

of ownership in copyright or performer's rights and having a name

or a substitution for name of a person claiming to be the printer or

the publisher or the printer and publisher, it shall be presumed that

the person who is the printer or the publisher or the printer and

publisher becomes the owner of copyright or performer's rights in

such work or subject.

Section 63. No action on copyright infringement or performer's

rights infringement shall be filed after three years as from the day

-2 9-

the owner of copyright or performer's rights becomes cognizant of

the infringement as well as the identity of the infringer provided that

the action shall be filed not later than ten years as from the day the

infringement of copyright or performer's rights takes place.

Section 64. In the case of infringement of copyright or performer's

rights, the Court has the authority to order the infringer to

compensate the owner of copyright or performer's rights for

damages the amount which the Court considers appropriate by

taking into account the seriousness of injury including the loss of

benefits and expenses necessary for the enforcement of the right of

the owner of copyright or performer's rights.

Section 65. In case there is an explicit evidence that a person is

doing or about to do any act which is an infringement of copyright or

performer's rights, the owner of copyright or performer's rights may

seek the injunction from the court to order the person to stop or

refrain from such act.

The injunction of the court according to paragraph one does not

prejudice the owner of copyright or performer's rights to claim

damages under Section 64.

Section 66. The offence in this Act is an offence allowing

settlement.

CHAPTER 7

OFFICIALS

Section 67. For the benefit of operation under this Act, the officials

shall be the officials according to the Penal Code and have the

-3 0-

following authorities :

(1) to enter a building, office, factory or warehouse of any

person during sunrise and sunset or during the working hours of

such place or to enter a vehicle to search or examine the

merchandise when there is a reasonable suspicion that an offence

under this Act is committed,

(2) to seize or forfeit documents or materials relating to the

offence for the benefit of proceeding a litigation when there is a

reasonable suspicion that an offence under this Act is committed,

(3) to order any person to testify or submit accounting books,

documents or other evidences when there is a reasonable

suspicion that the testimony, accounting books, documents or such

evidences shall be useful for the finding or the use as evidence for

proving the offence under this Act.

Any person concerned shall provide suitable convenience for the

operation of the officials.

Section 68. In performing his duty, the officials must show his

identification card to any person concerned.

The official's identification card shall comply with the form

stipulated by the Minister.

CHAPTER 8

PENALTIES

Section 69. Whoever infringes the copyright or the performer's

rights according to Section 27, Section 28, Section 29, Section 30

or Section 52 shall be inflicted with a fine from twenty thousand

-3 1-

Baht up to two hundred thousand Baht.

If the offence in paragraph one is committed with the commercial

purpose, the offender shall be inflicted with imprisonment for a term

from six months up to four years or a fine from one hundred

thousand Baht up to eight hundred thousand Baht or both

imprisonment and fine.

Section 70. Whoever commits a copyright infringement according

to Section 31 shall be inflicted with a fine from ten thousand Baht up

to one hundred thousand Bath.

If the offence in paragraph one is committed with the commercial

purpose, the offender shall be inflicted with imprisonment for a term

from three months up to two years or a fine from fifty thousand Baht

up to forty hundred thousand Baht or both imprisonment and fine.

Section 71. Whoever fails to testify or submit any documents or

materials as the Committee or the Sub-committee has ordered

according to Section 60 paragraph three shall be inflicted with

imprisonment for a term not exceeding three months or a fine not

exceeding fifty thousand Baht or both imprisonment and fine.

Section 72. Whoever obstructs or fails to provide a convenience

to an official who performs his duty according to Section 67 or

defies or ignores the order of the official who gives the order

according to Section 67 shall be inflicted with imprisonment for a

term not exceeding three months or a fine not exceeding fifty

thousand Baht or both imprisonment and fine.

Section 73. Whoever having committed an offence and having

been penalized by virtue of this Act subsequently commits an

-3 2-

offence under this Act within five years after being discharged from

the penalty shall be inflicted with double penalty as prescribed for

the offence.

Section 74. In case a juristic person commits an offence under

this Act, it shall be deemed that all directors or managers of the

juristic person are joint offenders with the juristic person unless they

can prove that the juristic person has committed the offence without

their knowledge or consent.

Section 75. All things made or imported into the Kingdom which

constitutes an infringement of copyright or performer's rights by

virtue of this Act and the ownership of which are still vested upon

the offender under Section 69 or Section 70 shall belong to the

owner of copyright or performer's rights provided that the things

used for committing the offence shall be all forteited.

Section 76. One half of the fine paid in accordance with the

judgement shall be paid to the owner of copyright or performer's

rights provided that the right of the owner of copyright or performer's

rights to bring a civil action for damages for the amount which

exceeds the fine that the owner of copyright or performer's rights

has received shall not be prejudiced.

Section 77. The Director General shall be authorized to prescribe

the fine for the offence according to Section 69 paragraph one and

Section 70 paragraph one.

TRANSITORY PROVISION

-3 3-

Section 78. The existing copyright work by virtue of the Act for the

Protection of Literary and Artistic Works, B.E.2474 or the Copyright

Act B.E.2521 on the day this Act comes into force shall enjoy the

The work made before this Act coming into force and not being a

Artistic Works B.E.2474 or the Copyright Act B.E.2521 shall enjoy

the copyright protection by this Act.

Countersigned by;

Chuan Leekpai

Prime Minister

NOTE :- The reason for the proclaimation of this act is as follows :

whereas the Copyright Act B.E.2521 has been long in force, the

provisions therein become inconsistent with the changing internal

and external circumstances particularly the development and

expansion of domestic and international economy, trade and

industry, the copyright protection measures therefore should be

improved to be more efficient to accommodate those changes and

to promote the increasing creation of work in literary and artistic

domain and other relevant fields. This Act so be enacted.

Published in the Government Gazette, Vol 111, Part 59 Kor, Special

Issue, on December 21, 1994.

Date of entry into force March 21, 1995.

Public offer - read carefully before registration!

F.A.Q SciReg

Recent Publications

reg № 209312774

222

More >>

reg № 385622069

111

More >>

reg № 283094396

111

More >>

reg № 295617897

logo solcity

More >>

reg № 166145146

GPS Навигационная дорожная карта Доминиканской республики.

More >>

Article 1. Contracting parties.
1. The Parties of this Public Offer (paid service agreement), hereinafter referred to as the “Agreement” or “Offer”, are, as follows:

a) Executor is a person, who makes this Offer and who executes this Agreement in accordance with its terms and conditions: Solcity World Investment and Development; and

b) Customer is a person, who accepts this Offer and who is the author of any publication.

Article 2. Acceptance.

1. The Customer shall accept this Offer in case of and after the following activities:

a) fill in and send to the Executor an application in electronic format in the form established by this Agreement and posted on the Executor’s official website; and

b) provide the author’s abstract specifying what material was created by the author; and

c) provide a list of all key words (tags) that enable finding the location of the author’s abstract of the Customer on the Executor’s website; and

d) post (“upload”) the material itself on the Executor’s official website; and

e) pay for the Executor’s services in the amount and following the procedure set forth by this Agreement.

2. The Executor shall verify the Customer’s data and post the information about the Customer and his/her work of authorship on SciReg.org in Internet. From this moment on, the Customer shall be considered as an acceptor of this Offer and a Party to this Agreement.

3. The Executor shall be entitled, without giving any reasons, to refuse the Customer to accept this Offer and the Customer unconditionally, entirely and irrevocably agrees with this provision.

Article 3. Scope of the Agreement.

1. The Executor hereof shall render services on establishing, formation and maintenance of the Copyright register in electronic format on the Executor’s official website in Internet.

2. The Executor hereof shall render to the Customer paid services on posting (publishing) of information about the applicant as the author of the material under the terms and in accordance with this Agreement.

3. The work of authorship shall be understood by the Parties as a subject matter of copyright established by the Civil Code or other laws of the Author’s Country of domicile.

4. The Executor shall publish information (data), hereinafter referred to as the “summary”, about the applicant as the author of the material in the Register posted on the Executor’s official website in Internet under the terms set forth by this Agreement.

5. The Executor shall be entitled, at his own discretion and without coordination with the Customer, to assign his obligations for execution of this Agreement to any third party, and the Customer unconditionally agrees with this provision.

Article 4. Register.

1. The Register shall be an ordered and standardized register containing a summary of the Customer: Author’s information, including co-authors, name of the work of authorship, publication date, author’s abstract revealing the content of the work of authorship and its unique character, as well as a unique number of posting in the Register assigned to the author and his/her material automatically by the Executor, key words (tags) that enable any person to find information about the author and his/her publication posted in the Register on the Executor’s official website in Internet.

2. The author’s abstract shall be a brief description of the author’s publication designating its unique character and showing that the Customer is its author.

3. The Register shall be maintained in electronic form on the Executor’s official website in Internet.

4. Information about the author, work of authorship and other information required by the rules for information posting in the Register, set forth by the Executor, except for the unique number, shall be posted by the Customer individually on the Executor’s official website in Internet.

5. Both the Register and the official website shall be the Executor’s property.

6. Any and all information posted by the Customer in the Register in accordance with the terms set forth by this Agreement shall be the Executor’s property. Hereby, the Customer shall not transfer copyright for his/her work of authorship to the Executor.

7. The rules for maintenance of the Register, its execution, posting of any details (information) in it shall constitute Appendix 1 to this Agreement forming an integral part hereof. The rules shall be issued exclusively by the Executor. The Executor, without coordination with the Customer and the Customer’s consent, shall have the right to make any changes in and/or amendment to the Register maintenance rules and the Customer unconditionally agrees with this provision. The Register maintenance rules shall be unconditionally mandatory for the Customer.

Article 5. Obligations of the Parties.

1. The Parties hereto shall (hereby shall be obliged to) unconditionally, voluntarily, conscientiously, and accurately follow all provisions of this Agreement, as well as any and all supplements, amendments and/or alterations hereto made under the terms set forth by this Agreement.

2. The Customer shall pay for the Executor’s services following the procedure and in the amount established by this Agreement.

3. The Customer, in contemplation of his/her death, shall be obliged to bind defendants to the terms of this Agreement.

4. If the Customer’s copyright is assigned to a third party, he/she shall be obliged to bind such third party to his/her obligations hereunder.

5. The Customer shall have an exclusive right to refer, in any form, to his/her summary (synopsis, author’s abstract) posted in the Register on the Executor’s official website in Internet in case of complete and fair execution of his/her obligations under this Agreement.

Article 6. Payment for the Executor’s services. Agreement price.

1. The Customer shall pay for the Executor’s services following the procedure and in the amount established by the provisions of this Article.

2. The price for one posting by the applicant of one his/her summary in the Register shall be 20 (twenty) US Dollars – price of this Agreement.

3. The procedure for paying the amount set forth by this Article of the Agreement shall be determined in Appendix 1 to this Agreement.

4. The applicant shall pay the amount stated in para 2 of this Article (pay for the Executor’s service) to the Executor at the time of registration.

5. The amounts paid hereunder by the Customer to the Executor shall be nonreturnable.

6. Each Party shall individually pay any and all own taxes, duties and/or fees established by the legislation of the Party in connection with execution of the terms hereof by the Party. Neither party shall be a fiscal agent of the other Party.

Article 7. Withdrawal from the Agreement.

1. The Customer shall be entitled to withdraw from execution of this Agreement in the form of non-payment of a next settlement set forth by this Agreement.

2. The Executor shall have the right, including in his sole discretion, to withdraw from execution of this Agreement without reimbursement to the Customer of any expenses and/or losses (damages), as well as without payment of any penalty and/or penalty fee and/or any other forfeit, and the Customer unconditionally and entirely agrees with this provision, in the following case (cases):

a) failure to pay by the Customer for the services to the Executor in the amount and under the terms set forth by this Agreement; and/or

b) provision of false information by the Customer; and/or

c) any other technical reasons.

Article 8. Information sharing.

1. Unless otherwise provided for in this Agreement, the Parties hereto may share information, and this information for the Parties shall be regarded as official, by phone, fax, sms, Skype, via e-mail and/or in writing (in hard copy).

2. The Parties hereto may share documents and these documents shall be legally effective for the Parties and considered properly received by the Parties by fax, Skype, via e-mail, in writing in hard copy, unless otherwise provided for in this Agreement. A signature affixed to the document forwarded by any Party via e-mail shall be accepted by the Parties. A signature affixed to the document forwarded by any Party by fax shall be accepted by the Parties. A signature affixed to the document forwarded by any Party via Skype shall be accepted by the Parties.

3. Along with the afore-mentioned, the Parties may have electronic documentary interchange and affix their electronic digital signatures (EDS) on any and all documents.

Article 9. Arbitration.

1. All disputes arising between the Parties in relation to interpretation of this Agreement and/or execution of this Agreement shall be settled by the Parties in the form of bilateral negotiations.

2. If the Parties fail to reach a compromise during negotiations, they shall settle their dispute in the arbitration court (arbitration) of the Chamber of Commerce and Industry of British Virgin Islands.

3. As the rules of procedural law based on which the Parties shall settle their dispute, the Parties shall accept the rules of arbitration court (arbitration) of the Chamber of Commerce and Industry of British Virgin Islands.

4. As the rules of substantive law based on which the Parties settle their dispute, the Parties shall accept this Agreement and rules of international agreements (conventions) regulating copyright legal relationship.

Article 10. Other terms and conditions.

1. This Agreement is made in written and electronic form, in one counterpart, which:

a) Agreement in writing is kept in the Executor’s office, and

b) posted in electronic form on the Executor’s official website in Internet.

2. Alteration, amendments and/or supplements to this Agreement shall be made in written and electronic form by the Executor individually, in a single hard counterpart and a single electronic counterpart posted on the official website in Internet and the Customer unconditionally agrees with this provision.

3. Changes in this Agreement shall be made by the Executor as a new version of the Agreement.

4. If the Customer disagrees with new terms and conditions, he/she shall have a right to withdraw from the Agreement following the procedure and terms set forth by this Agreement.