Translation:Copyright Act, 2537 BE

“literary work” means a work of composition of every kind as may have been produced, such as book, pamphlet, written material, printed material, lecture, sermon, address, speech, and shall also include a computer program;

“computer program” means an instruction, set of instructions, or any other thing applied to a computer in order for it to perform any task or produce any outcome, whatever may be its programming language;

“dramatic work” means a work relating to ram, ten,^[1] gesturing, or acting which forms a story, and also includes an entertainment in dumb show;

“artistic work” means a work with one or more of the following characteristics:

(1)work of painting, that is, a work of creating a figure composed of a kind or combination of several kinds of line, light, colour, or other things on one or more kinds of material;

(2)work of sculpture, that is, a work of creating a figure in relation to a sensible and tangible volume;

(3)work of printmaking, that is, a work of creating a picture through a printing process, including also a printing plate or printing form used in printmaking;

(4)work of architecture, that is, a work of designing a building or construction, a work of designing or decorating the interior or exterior of a building or construction as well as its vicinity, or the creation of a replica of a building or construction;

(5)work of photography, that is, a work of creating a picture by a picture-recording device which allows light to pass through a lens to a film or glass and is developed with a specific formula of chemical liquid or by any process which brings a picture into existence, or [a work of] recording a picture by a different device or method;

(6)work of illustration, map, structure, sketch, or work of creating a three-dimensional figure in relation to geography, topography, or science;

(7)work of applied art, that is, a work in which a kind or combination of several kinds of the works under (1) to (6) is utilised for any purpose other than the appreciation of their value, such as for practical use, for decoration of an object or item of utensil, or for commercial benefit;

irrespective of whether or not the works under (1) through (7) are of artistic value; and shall also include their photographs and diagrams;

“musical work” means a work relating to music which is composed for playing or singing, whether having both melody and lyrics or having melody only, and shall include a musical notation or musical chart which has already been transcribed and harmonised;

“audiovisual material” means a work composed of a sequence of pictures recorded on an object of whatever form which can be replayed using a device necessary for the use thereof, and shall also include the soundtrack of such work, if any;

“film” means an audiovisual material composed of a sequence of pictures which can be screened continuously as moving pictures or can be recorded on a different kind of object in order to be screened continuously as moving pictures, and shall also include the soundtrack of such film, if any;

“sound recording” means a work composed of a sequence of sounds of music, sounds of a performance, or any other sounds recorded on an object of whatever form which can be replayed using a device necessary for the use thereof, but this shall not include the soundtrack of a film or of any other kind of audiovisual material;

“performer” means one who acts, one who makes music, one who sings, one who ten, one who ram,^[1] and one who makes gestures, sings, speaks, dubs, or acts according to a script or in any other manner;

“broadcast” means a work issued to the public by transmission of sound through radio broadcasting, transmission of sound and/or picture through television broadcasting, or by any other similar means;

“reproduce” includes copying by whatever means, imitating, duplicating, producing a printing template of, recording the sound of, recording the picture of, or recording the sound and picture of an original, copy, or publication in its essential part, whether in whole or in part; in relation to a computer program, it shall also include copying or duplicating a computer program in its essential part from any recording medium and by whatever means, without the characteristic of making a new work, whether in whole or in part;

“adapt” means to reproduce by transforming, improving, editing, or replicating an original work in its essential part without the characteristic of making a new work, whether in whole or in part;

(1)in relation to a literary work, it shall include translating a literary work, transforming a literary work, or compiling literary works by means of selection and rearrangement;

(2)in relation to a computer program, it shall include reproducing a computer program by transforming, improving, or editing it in essential part without the characteristic of making a new work;

(3)in relation to a dramatic work, it shall include transforming a non-dramatic work into a dramatic work or transforming a dramatic work into a non-dramatic work, whether in the original language or in a different language;

(4)in relation to an artistic work, it shall include transforming a two-dimensional or three-dimensional work into a three-dimensional or two-dimensional work, or producing a replica of an original work;

(5)in relation to a musical work, it shall include rearranging, reharmonising, or changing the lyrics or melody;

“communicate to the public” means to make a produced work available to the public by means of display, narration, recitation, playing, expression through sound and/or picture, construction, distribution, or any other means;

“publish” means to issue for distribution replications of a produced work which are created with the consent of the author, whatever may be their form or appearance, when they are available to the public in a considerable quantity according to the nature of such work, but not including the display or making available of a dramatic work, musical work, or film, the giving of a narration or lecture on a literary work, the transmission of sound and picture in relation to any work, the exhibition of an artistic work, and the construction of a work of architecture;

“competent official” means a person appointed by the Minister to execute this Act;

“Director General” means the Director General of the Department of Intellectual Property, and shall also include the person authorised by the Director General of the Department of Intellectual Property;

“Commission” means the Copyright Commission;

“Minister” means the Minister in charge of the execution this Act.

Section5.The Minister of Commerce shall be in charge of the execution of this Act and shall have the power to appoint competent officials and to issue ministerial regulations for the execution of this Act.

The ministerial regulations shall take effect upon publication in the Royal Gazette.

Chapter 1
Copyright

Part 1
Copyrighted works

Section6.A copyrighted work under this Act is a work of authorship in the form of literary work, dramatic work, artistic work, musical work, audiovisual material, film, sound recording, broadcast, or any other work in the literary, scientific, or artistic domain, which belongs to an author, whatever may be the mode or form of its expression.

Copyright protection does not extend to ideas; or procedures, processes, or systems; or methods of use or operation; or scientific or mathematical concepts, principles, discoveries, or theories.

Section7.The following are not deemed copyrighted works under this Act:

(1)news of the day and facts characteristic of mere information, when they are not works in the literary, scientific, or artistic domain;

(2)constitutions and laws;

(3)regulations, rules, announcements, orders, explanations, and correspondences of ministries, subministries, departments, or any other state or local agencies;

(4)judgments, orders, rulings, and official reports;

(5)translations and compilations of those under (1) through (4) produced by ministries, subministries, departments, or any other state or local agencies.

Part 2
Acquisition of copyright

Section8.The author shall enjoy copyright over the work he has created, subject to the following conditions:

(1)in the event that the work has not yet been published, the author must have been a Thai national or have resided in the Kingdom, or have been a national of or have resided in a country which is a party to a convention on protection of copyright to which Thailand is also a party, throughout or for most of the time of creation of such work;

(2)in the event that the work has already been published, the work has been published for the first time in the Kingdom or in a country which is a party to a convention on protection of copyright to which Thailand is also a party; or in the event that the first publication has been done outside the Kingdom or inside a country which is not a party to a convention on protection of copyright to which Thailand is also a party, the work is published in the Kingdom or in a country which is a party to a convention on protection of copyright to which Thailand is also a party within thirty days from the day of the first publication, or the author is of the characteristic designated in (1) at the time of the first publication.

In the event that an author is required to be a Thai national, if the author is a juristic person, such juristic person must have been set up in accordance with Thai law.

Section9.As regards a work created by an author in his capacity as a staff member or employee, copyright over such work shall belong to the author, save where otherwise agreed upon in writing. However, the employer has the right to publish the work when permissible under the objectives of such hire of service.

Section10.As regards a work created by an author on account of being hired by another person, the hirer shall enjoy copyright over such work, save where otherwise agreed upon by the author and the hirer.

Section11.When any work bears a characteristic of having been adapted from a copyrighted work under this Act with the permission of the copyright owner, the person who has carried out such adaptation shall enjoy copyright in accordance with this Act without prejudice to the rights of the copyright owner over the work of the original author which has been adapted.

Section12.When any work bears a characteristic of having been compiled or assembled from copyrighted works under this Act with the permission of the copyright owners, or having been compiled or assembled from data or any other things which can be read or transmitted using a machine or other tool, if the compiler or assembler has compiled or assembled the said work by means of selection or arrangement in a manner which does not imitate another person’s work, the compiler or assembles shall enjoy copyright over the work of compilation or assemblage according this Act without prejudice to the rights of the copyright owners over the works, data, or any other things of the original authors which have been compiled or assembled.

Section13.Section 8, 9, and 10 shall apply mutatis mutandis to the enjoyment of copyright according to section 11 or 12.

Section14.Ministries, subministries, departments, or any other state or local agencies shall enjoy copyright over the works created on account of having been hired or ordered by them or under their control, save where otherwise agreed upon in writing.

Part 3
Protection of copyright

Section15.Subject to sections 9, 10, and 14, the copyright owner shall have the following exclusive rights:

(1)reproduction or adaption;

(2)communication to the public;

(3)letting for rent of the original or copies of a computer program, audiovisual work, film, or sound recording;

(4)granting of benefits accruing from copyright to other persons;

(5)granting of permission to use the right under (1), (2), or (3) with or without any conditions, provided that the said conditions must not give rise to unfair restriction of competition.

The consideration as to whether or not a condition designated in accordance with paragraph 1(5) would give rise to unfair restriction of competition shall be governed by the criteria, formalities, and conditions designated in ministerial regulations.

Section16.In the event that a copyright owner under this Act permits any person to use a right according to section 15(5), this shall not exclude the right of the copyright owner to permit another person to use such right also, save where the letter of permission contains prohibition thereof.

Section17.Copyright is transferable.

The copyright owner may transfer his copyright in whole or in part to another person and the transfer may be subjected to a time limit or may be for the entire term of copyright protection.

Transfer of copyright by any other way than succession must be done in writing signed by the transferor and transferee. If no time limit is designated in the transfer contract, the transfer shall be deemed to be governed by a time limit of five years.

Section18.The author of a work copyrighted under this Act has the right to present himself as the author of the said work and has the right to prohibit the transferee of his copyright or any other person from misrepresenting, abridging, adapting, or doing any other thing to such work to the extent that causes injury to the reputation or credit of the author, and once the author has died, the heir of the author shall be entitled to institute an action for enforcement of the said rights throughout the term of copyright protection, save where a different agreement has been adopted in writing.

Part 4
Terms of copyright protection

Section19.Subject to sections 21 and 22, copyright under this Act shall last for the lifetime of the author and shall continue to exist for a period of fifty more years from the death of the author.

In the event of joint authorship, copyright cover the work in question shall last for the lifetime of the joint authors and shall continue to exist for a period of fifty more years from the death of the last [surviving] joint author.

If the author or all of the joint authors die prior to publication of the work, the said copyright shall last for a term of fifty years from the first publication.

In the event that the author is a juristic person, copyright shall last for a term of fifty years from the creation of the work by the author, but if the work is published during the said period of time, the copyright shall last for a term of fifty years from the first publication.

Section20.As regards a copyrighted work under this Act which has been created by a pseudonymous or anonymous author, copyright shall last for a term of fifty years from the creation of such work, but if the work is published during the said period of time, copyright shall last for a term of fifty years from the first publication.

In the event that the author is known, section 19 shall apply mutatis mutandis.

Section21.Copyright over a work of photography, audiovisual material, film, sound recording, or broadcast shall last for a term of fifty years from the creation of such work, but if the work is published during the said period of time, copyright shall last for a term of fifty years from the first publication.

Section22.Copyright over a work of applied art shall last for a term of twenty-five years from the creation of such work, but if the work is published during the said period of time, copyright shall last for a term of twenty-five years from the first publication.

Section23.Copyright over a work created on account of being hired or ordered or under control according to section 14 shall last for a term of fifty years from the creation of such work, but if the work is published during the said period of time, copyright shall last for a term of fifty years from the first publication.

Section24.Publication of a work under section 19, 20, 21, 22, or 23 which starts the term of copyright protection refers to issuance of the work for publication with the consent of the copyright owner.

Section25.When a term of copyright protection completes in any year, if the date of completion of the term of copyright protection does not correspond to the final day of the calendar year or in the event that the exact date of completion of the term of copyright protection cannot be ascertained, copyright shall continue to exist until the final day of that calendar year.

Section26.Issuance of a copyrighted work for publication after termination of the term of copyright protection does not result in revival of copyright over such work.

Part 5
Infringement of copyright

Section27.The conduct of any act upon a work copyrighted under this Act without the permission under section 15(5) shall be deemed to be infringement of copyright, if the act is any of following:

(1)reproducing or adapting;

(2)communicating to the public.

Section28.The conduct of any act upon an audiovisual work, film, or sound recording copyrighted under this Act without the permission under section 15(5), whether relative to the sound, the picture, or both, shall be deemed to be infringement of copyright, if the act is any of following:

(1)reproducing or adapting;

(2)communicating to the public.

(3)letting for rent the original or copies of the said work.

Section29.The conduct of any act upon a broadcast copyrighted under this Act without the permission under section 15(5) shall be deemed to be infringement of copyright, if the act is any of following:

(1)producing a film, audiovisual material, sound recording, or broadcast, whether in whole or in part;

(2)rebroadcasting, whether in whole or in part;

(3)enabling the public to listen to and/or view the broadcast, with a demand for money or other commercial benefit.

Section30.The conduct of any act upon a computer program copyrighted under this Act without the permission under section 15(5) shall be deemed to be infringement of copyright, if the act is any of the following:

(1)reproducing or adapting;

(2)communicating to the public;

(3)letting for rent the original or copies of the said work.

Section31.Whoever conducts any act upon any work for the purpose of seeking profit with the knowledge that the work has been produced in a manner infringing copyright of another shall be deemed to infringe copyright, if the act is any of the following:

(1)selling, possessing for sale, offering for sale, letting for rent, offering for hire, selling by hire purchase, or offering for hire purchase;

(2)communicating to the public;

(3)giving away in such a manner that would cause injury to the copyright owner;

(4)bringing or ordering to be brought into the Kingdom.

Part 6
Exceptions to infringement of copyright

Section32.The conduct of an act upon another person’s work copyrighted under this Act shall not be deemed to be infringement of copyright, if it is not contrary to the copyright owner’s ordinary exploitation of the copyrighted work and does not immoderately affect the lawful rights of the copyright owner.

Subject to the provision of paragraph 1, the conduct of an act upon the copyrighted work under paragraph 1 shall not be deemed to be infringement of copyright, if the act is any of the following:

(1)conduct of a research or study upon the work without a view to seeking profit;

(2)use for one’s own benefit or for the benefit of one’s own and members of one’s family or one’s relatives and friends;

(3)expression of comments, criticisms, or recommendations as to the work with acknowledgement of the ownership of copyright over the work;

(4)presentation of news reports through mass media with acknowledgement of the ownership of copyright over the work;

(5)reproduction, adaptation, exhibition, or making available for the benefit of the consideration of a court or public officer empowered by a law or for the reporting of the outcomes of such consideration;

(6)reproduction, adaptation, exhibition, or making available by a teacher for the benefit of his own teaching and without a view to seeking profit;

(7)reproduction, adaptation in part, abridgement, or summarisation by teacher or educational institution for apportion or distribution amongst learners in a class or educational institution, without a view to seeking profit;

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

Section33.Reasonably quoting, copying, imitating, or referring to certain parts of a work copyrighted under this Act with acknowledgement of the ownership of copyright over such work shall not be deemed to be infringement of the copyright if section 32, paragraph 1, is complied with.

Section34.Reproduction of a copyrighted work under this Act by a librarian of a library in the following events shall not be deemed to be infringement of copyright if it has no objective of seeking profit and section 32, paragraph 1, is complied with:

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

(2)reasonable reproduction of certain parts of the work for another person for purposes of research or study.

Section35.The conduct of any of the following upon a computer program copyrighted under this Act shall not be deemed to be infringement of copyright if it is without a view to seeking profit and section 32, paragraph 1, is complied with:

(1)conduct of a research or study upon the computer program;

(2)use for the benefit of the owner of a copy of the computer program;

(3)expression of comments, criticisms, or recommendations as to the work with acknowledgement of the ownership of copyright over the computer program;

(4)presentation of news reports through mass media with acknowledgement of the ownership of copyright over the computer program;

(5)making of copies of the computer program in a reasonable quantity by a person who has rightfully bought or received the said program from another person, in order to store them for use in maintenance or prevention of loss;

(6)reproduction, adaptation, exhibition, or making available for the benefit of the consideration of a court or public officer empowered by a law or for the reporting of the outcomes of such consideration;

(7)use of the computer program as part of questions and answers in an examination;

(8)adaptation of the computer program when required for [its] use;

(9)making of copies of the computer program, in order to keep them for reference or research for the benefit of the public.

Section36.Organising a reasonable performance of a dramatic work or musical work in order to communicate it to the public, when not produced or carried out for the seeking of profit therefrom, no admission fee is collected directly or indirectly, and the performers are not given renumneration therefor, shall not be deemed to be infringement of copyright, provided that this is carried out by an association, foundation, or other organisation with objectives for public charity, education, religion, or social work, and section 32, paragraph 1, is complied with.

Section37.Drawing, painting, constructing, engraving, sculpturing, carving, printing, taking photographs or films of, transmitting pictures of, or conducting any similar action to any artistic work which is openly and permanently situated in a public place shall not be deemed to be infringement of copyright over such artistic work.

Section38.Drawing, painting, engraving, sculpturing, carving, printing, taking photographs or films of, or transmitting pictures of any work of architecture shall not be deemed to be infringement of copyright over such work of architecture.

Section39.Taking photographs or films of or transmitting pictures of any work which contains any artistic work as an element shall not be deemed to be infringement of copyright over such artistic work.

Section40.In the event that copyright over any artistic work is also owned by another person in addition to the author, the fact that the same author subsequently produces the same artistic work again in a manner partially reproducing it or using the plates, sketches, plans, models, or data obtained from study that were used in producing it shall not be deemed to be infringement of copyright over it, if the author does not appear to have reproduced or copied its essential part.

Section41.When any building is a work of architecture copyrighted under this Act, restoration of such building in its original form shall not be deemed to be infringement of copyright.

Section42.In the event that the term of copyright protection governing any film has come to an end, communication of such film to the public shall not be deemed to be infringement of copyright over the literary works, dramatic works, artistic works, musical works, audiovisual materials, or works used in producing the film.

Section43.Reproduction of a copyrighted work under this Act in possession of the public sector by a public officer empowered by the law or by virtue of his order for the purposes of performing a public service shall not be deemed to be infringement of copyright, provided that section 32, paragraph 1, is complied with.

Chapter 2
Performers’ rights

Section44.A performer shall have the exclusive right to conduct the following acts in relation to his own performance:

(1)transmission of sound and picture or communication to the public of a performance, save where the transmission of sound and picture or the communication to the public is to be made upon a performance already recorded on a recording medium;

(2)recording of a performance not yet recorded;

(3)reproduction of a performance recording which has been made by someone without his permission, or a performance recording which has been permitted for a different purpose, or a performance recording which falls within the exceptions to infringement of performers’ rights according to section 53.

Section45.Whoever publishes the sound of or directly communicates to the public a performance recording which has already been published with a commercial objective or its copy, shall pay a fair amount of remuneration to the performer. In the event that the remuneration cannot be agreed upon, the Director General shall give an order designating the remuneration, taking into account the ordinary rate of remuneration for such type of business.

A party may appeal the Director General’s order under paragraph 1 to the Commission within ninety days from the day of receipt of written notification of the Director General’s order. The ruling of the Commission shall be final.

Section46.In the event that any performance or sound recording of a performance involves more than one performer, those performers may appoint a joint agent for taking care of or managing their rights.

Section47.A performer shall enjoy the right under section 44 with respect to his performance if the following conditions are met:

(1)the performer has Thai nationality or has a residence in the Kingdom; or

(2)the performance or most of the performance takes place in the Kingdom or in a country which is a party to a convention on protection of performers’ rights to which Thailand is also a party.

Section48.A performer shall have the right to receive the remuneration under section 45 if the following conditions are met:

(1)the performer has Thai nationality or has a residence in the Kingdom at the time the sound of his performance is recorded or at the time the right is claimed; or

(2)the recording of the sound of the performance or most of the recording of the sound of the performance takes place in the Kingdom or in a country which is a party to a convention on protection of performers’ rights to which Thailand is also a party.

Section49.The right of a performer according to section 44 shall last for a term of fifty years from the final day of the calendar year in which the performance takes place. In the event that the performance has been recorded, the term shall be fifty years from the final day of the calendar year in which the performance was recorded.

Section50.The right of a performer according to section 45 shall last for a term of fifty years from the final day of the calendar year in which the sound of the performance was recorded.

Section51.The rights of a performer according to sections 44 and 45 are transferrable, whether in whole or in part, and the transfer may be subjected to a time limit or may be for the entire term of protection.

In the event that more than one performer is involved, each performer has the right to transfer only the part of the rights which belongs to him.

Transfer by any other way than succession must be done in writing signed by the transferor and transferee. If no time limit is designated in the transfer contract, the transfer shall be deemed to be governed by a time limit of three years.

Section52.Whoever conducts any of the acts under section 44 without having been permitted by the performer or without paying the remuneration under section 45 shall be deemed to infringe the performers’ rights.

Section53.Sections 32, 33, 34, 36, 42, and 43 shall apply mutatis mutandis to the performers’ rights.

Chapter 3
Use of copyright under special circumstances

Section54.A Thai national who desires to apply for permission to use copyright cover a work communicated to the public in the form of printed material or other similar form according to this Act for a purpose of study, teaching, or research without a view to seeking profit may file an application with the Director General together with evidence showing that the applicant once applied to the copyright owner for his permission to use copyright for making a Thai translation or reproducing copies of a previously printed Thai translation of his work but was denied or was unable to reach any agreement following a reasonable period of time, provided that at the time of filing such application—

(1)the copyright owner has not made or permitted anyone to make a Thai translation of the said work for publication within three years after the first publication of the work; or

(2)the copyright owner has printed a Thai translation of his own work for publication, but, after expiry of three years following the last printing of the said translation, no translation of such work has been printed again and no copy of the translation of such work is longer available in the market.

The application for permission under paragraph 1 shall be governed by the following criteria, formalities, and conditions:

(1)when the application for permission under paragraph 1 is made, the Director General shall not give an order of permission until six months after the termination of the period of time under paragraph 1(1) or (2) are over;

(2)in the event that the Director General gives an order of permission, the permitted person shall have the exclusive right to make a translation of or print a translation of the work for which the permission is thus given; in the event that the period of time under the letter of permission has not yet terminated or six months after its termination are not yet over, the Director General shall not permit any other person to make a Thai translation of the same copyrighted work again;

(3)the permitted person shall not transfer to any other person the right for which the permission is given;

(4)if the copyright owner or the person permitted to use the rights of the copyright owner demonstrates to the Director General that he has made or printed a Thai translation of the said work which has the same contents as the printed material for which the permission is given in accordance with section 55 and distributed such printed material at a reasonable price compared to other similar types of works distributed in Thailand, the Director General shall give an order terminating the letter of permission issued to the permitted person and shall notify the permitted person of such order without delay;

as regards the copies of the printed material which have been made or printed before the Director General gives the order terminating the letter of permission, the permitted person has the right to distribute them until they are no more;

(5)the permitted person shall not send out of the Kingdom copies of the printed material which has been permitted to be translated into or made in the Thai language as said, save where the following conditions are met:

(a)the recipient in the foreign country is a Thai national;

(b)the said printed material is used for a purpose of study, teaching, or research;

(c)the sending of the said printed material is not for a commercial purpose; and

(d)the country to which the printed material is to be sent must permit Thailand to send or disseminate the said printed material in its territory.

Section55.Upon receipt of the application under section 54, the Director General shall arrange for the parties to adopt an agreement with respect to the remuneration and the conditions on the use of copyright between them. In the event that no agreement can be reached, the Director General shall consider giving an order designating a fair amount of remuneration instead, taking into account the ordinary rate of remuneration for such type of business, and may designate certain conditions on the use of copyright as he finds appropriate.

Upon having designated the remuneration and conditions on the use of copyright, the Director General shall issue a letter of permission to the applicant for the use of copyright.

A party may appeal the the Director General’s order under paragraph 1 to the Commission within ninety days from the day of receipt of written notice of the Director General’s order. The ruling of the Commission shall be final.

Chapter 4
Copyright Commission

Section56.There shall be a commission called the “Copyright Commission”, composed of the Permanent Secretary to the Ministry of Commerce as President and not more than twelve qualified persons appointed by the Cabinet as Members, of whom not less than six shall be appointed from amongst the representatives of the associations of owners of copyright or performers’ rights and the representatives of the associations of users of copyright or performers’ rights.

The Commission may appoint any persons as its Secretary and Assistant Secretaries.

Section57.The qualified Members shall be in office for a term of two years. A Member who has vacated office may be reappointed.

In the event that a Member vacates office prior to [expiry of] his term, or in the event that the Cabinet appoints an additional Member whilst the previously appointed Members are still in office, the person appointed to hold office as a replacing or additional Member shall be in office for the remaining term of the previously appointed Members.

Section58.A qualified Member vacates office prior to [expiry of] his term upon—

(1)death;

(2)resignation;

(3)removal by the Cabinet;

(4)being a bankrupt;

(5)being an incompetent or quasi-incompetent person; or

(6)being sentenced to imprisonment by a final judgment of imprisonment, save where the punishment is for an offence committed negligently or petty offence.

Section59.At meetings of the Commission, the attendance of not less than one half of the total number of the Members is required for establishing a quorum. If the President of the Commission is absent from a meeting or is unable to perform his duties, the Members attending the meeting shall select a Member of the Commission to preside over the meeting. A decisive ruling passed by a meeting shall adhere to a majority of votes.

In casting of votes, one Member shall have one vote. If there is a parity of votes, the president of the meeting shall give one additional vote as a casting vote.

Section60.The Commission has the following powers and duties:

(1)to give recommendations or counsel to the Minister with respect to the issuance of ministerial regulations under this Act;

(2)to rule upon appeals against the Director General’s orders under sections 45 and 55;

(3)to furnish associations or organisations of authors or performers with promotion or support relative to the carrying out of proceedings for collection of remuneration from other persons who use works subjected to copyright or performers’ rights and for protection or safeguarding of rights or any other interests according to this Act;

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

The Commission shall have the power to establish subcommissions for considering or carrying out any matters as assigned by the Commission, and section 59 shall apply mutatis mutandis to the meetings of the subcommissions.

In performing its duties, the Commission or subcommission shall have the power to issue written orders directing any persons to appear and give statements or deliver any documents or objects for the sake of their consideration as may be necessary.

Chapter 5
International copyright and performers’ rights

Section61.Copyrighted works of authors and rights of performers from a country which is a party to a convention on protection of copyright or convention on protection of performers’ rights to which Thailand is also a party, or copyrighted works of an international organisation of which Thailand is also a member, shall enjoy protection under this Act.

The Minister shall have the power to publish in the Royal Gazette a list of the names of the countries which are parties to a convention on protection of copyright or convention on protection of performers’ rights.

Chapter 6
Cases relating to copyright and performers’ rights

Section62.In a case relating to copyright or performers’ rights under this Act, whether it be a civil case or criminal case, it shall be presumed that the work grounding the institution of such case is a work subjected to the copyright or performers’ rights under this Act and that the instituting party is the owner of the copyright or performers’ rights over such work, save where the defending party argues that no one owns the copyright or performers’ rights, or disputes the rights of the instituting party.

When any work bears the name or anything representing the name of any person who claims to be the owner of the copyright or performers’ rights, it shall be presumed that the person owning such name or thing representing the name is the author or performer.

When any work does not bear a name or anything representing a name, or when it bears the name or anything representing the name [of any person who] does not claim to be the owner of the copyright or performers’ rights and it bears the name or anything representing the name of a different person who claims to be the printer, the publisher, or the printer and publisher, it shall be presumed that the person who is the printer, the publisher, or the printer and publisher as said is the owner of the copyright or performers’ rights over such work.

Section63.No case of infringement of copyright or performers’ rights can be instituted upon expiry of the period of three years from the day the owner of the copyright or performers’ rights learns of the infringement and of the identity of the infringer. In addition, it must not be instituted later than ten years from the day of infringement of copyright or performers’ right.

Section64.In the event that copyright or performers’ rights have been infringed, the court has the power to order the infringer to compensate the owner of the copyright or performers’ rights with damages in the amount which the court finds appropriate, taking into account also the severity of the damage, the loss of benefits, and the expenses necessary for the enforcement of rights incurred by the owner of the copyright or performers’ rights.

Section65.In the event that clear evidence shows any person commits or is about to commit any act which constitutes infringement of copyright or performers’ rights, the owner of the copyright or performers’ rights may apply to the court for an order directing the said person to terminate or refrain from the said act.

The court order under paragraph 1 does not prejudice the right of the owner of the copyright or performers’ rights to demand damages in accordance with section 64.

Section66.The offences under this Act are compoundable.

Chapter 7
Competent officials

Section67.For the purposes of executing this Act, the competent officials shall be the public officers under the Penal Code and shall have the following powers and duties:

(1)to enter any person’s building, place of work, place of manufacture, or place of storage during the time between sunrise and sunset or during the working hours of such place or enter a vehicle in order to conduct a search on merchandise or conduct a scrutiny when an offence under this Act is committed;

(2)to seize or sequester for the sake of prosecution documents or articles concerning the commission of an offence, when an offence under this Act is reasonably suspected to have been committed;

(3)to order any persons to appear and give statements or deliver accounts, documents, or other evidence when the said statements, account books, documents, or evidence are reasonably believed to be of use to the discovery of or can be used as evidence in proving the commission of an offence under this Act.

When the competent officials perform their duties, the persons concerned shall provide convenience as appropriate.

Section68.When performing their duties, the competent officials must produce their identity cards to the persons concerned.

The identity cards of the competent officials shall be in the form designated by the Minister.

Chapter 8
Penal provisions

Section69.Whoever commits infringement of copyright or performers’ rights according to section 27, 28, 29, 30, or 52 shall be punished with a fine from twenty thousand baht to two hundred thousand baht.

If the offence under paragraph 1 is committed for a commercial purpose, the offender shall be punished with imprisonment from six months to four years, or a fine from ten thousand baht to eight hundred thousand baht, or both the imprisonment and the fine.

Section70.Whoever commits infringement of copyright according to section 31 shall be punished with a fine from ten thousand baht to one hundred thousand baht.

If the offence under paragraph 1 is committed for a commercial purpose, the offender shall be punished with imprisonment from three months to two years, or a fine from fifty thousand baht to four hundred thousand baht, or both the imprisonment and the fine.

Section71.Whoever fails to appear and give a statement or deliver any document or object as ordered by the Commission or subcommission by virtue of section 60, paragraph 3, shall be punished with imprisonment of not more than three months, or a fine of not more than fifty thousand baht, or both the imprisonment and the fine.

Section72.Whoever obstructs or fails to provide convenience to a competent official who performs a duty according to section 67, or contravenes or fails to comply with an order given by a competent official according to section 67, shall be punished with imprisonment of not more than three months, or a fine of not more than fifty thousand baht, or both the imprisonment and the fine.

Section73.Whoever, having been punished for an offence committed in accordance with this Act, commits an offence under this Act again during the period not yet over five years after release from the punishment, shall be punished with twice the punishment designated for such offence.

Section74.In the event that a juristic person has committed an offence under this Act, it shall be deemed that all the directors or managers of the juristic person have participated with the juristic person in the commission of the offence, save where they successfully prove that the acts of the juristic person were committed without their knowledge or consent.

Section75.All the things which have been made or brought into the Kingdom in a manner infringing copyright or a performers’ right under this Act and are owned by the offender under section 69 or 70 shall devolve upon the owner of the copyright or performers’ right. As regards the things which have been used in the commission of an offence, all of them shall be confiscated.

Section76.Half of a fine paid in accordance with a judgment shall be given to the owner of the copyright or performers’ right without prejudice to the right of the owner of the copyright or performers’ right to claim civil damages for the part not covered by the fine already received by him.

Section77.The Director General shall have the power to settle the offences under section 69, paragraph 1, and section 70, paragraph 1.

Transitory provisions

Section78.The works already copyrighted by virtue of the Protection of Literary and Artistic Works Act, 2474 Buddhist Era or Copyright Act, 2521 BE on the day of coming into force of this Act shall enjoy copyright protection according to this Act.

The works produced prior to the day of coming into force of this Act and not copyrighted under the Protection of Literary and Artistic Works Act, 2474 Buddhist Era or Copyright Act, 2521 BE but eligible for copyright protection under this Act shall enjoy copyright protection according to this Act.

Countersignature
Chuan Leekpai
Prime Minister

Note: The grounds for promulgation of this Act are as follows: As the Copyright Act, 2521 BE has been in force for a long time, many of its provisions are not incompatible with the internal and external situations that have changed, especially the development and growth of domestic and international economy, trade, and industry, making it appropriate to improve the measures for protection of copyright with a view to enhancing their efficiency in support of the said changes, and with a view to promoting the growth of literary works, artistic works, and other related works. It is therefore necessary to enact this Act.

↑ ^1.0 ^1.1 The Royal Institute Dictionary, 2554 BE defines ram (Thai: รำ) as “a performance involving movements of bodily organs, as arms, legs, trunk, fingers, hands, or feet, to the accompaniment of music” and defines ten (Thai: เต้น) as “to move a leg [or legs] up and down rhythmically to the accompaniment of music”. In general, both ram and ten are translated as “[to] dance”. In modern usage, the difference between ram and ten is that the former is often used to refer to a traditional or classical dance, and the latter, a modern one. (Wikisource contributor note)
Reference: Royal Institute of Thailand (2013). "Photchananukrom chabap ratchabandittayasathan phoso song phan ha roi hasip si" [Royal Institute Dictionary, 2554 BE]. orst.go.th (in Thai).

This work is a translation and has a separate copyright status to the applicable copyright protections of the original content.

Original:

This work is in the public domain worldwide because it originated in Thailand and is a work under section 7(2) of Thailand's Copyright Act, 2537 BE (1994) (WIPO translation), which provides:

7. The following shall not be deemed copyright works under this Act:

news of the day and facts having the character of mere information, not being works in the literary, scientific or artistic fields;

the constitution and legislation;

regulations, bylaws, notifications, orders, explanations and official correspondence of the Ministries, Departments or any other government or local units;

judicial decisions, orders, decisions and official reports;

translations and collections of the materials referred to in items (1) to (4), made by the Ministries, Departments or any other government or local units.

Public domainPublic domainfalsefalse

Translation:

I, the copyright holder of this work, hereby release it into the public domain. This applies worldwide.

In case this is not legally possible:

I grant anyone the right to use this work for any purpose, without any conditions, unless such conditions are required by law.

Public domainPublic domainfalsefalse

[ten-1] 1.0 ^1.1 The Royal Institute Dictionary, 2554 BE defines ram (Thai: รำ) as “a performance involving movements of bodily organs, as arms, legs, trunk, fingers, hands, or feet, to the accompaniment of music” and defines ten (Thai: เต้น) as “to move a leg [or legs] up and down rhythmically to the accompaniment of music”. In general, both ram and ten are translated as “[to] dance”. In modern usage, the difference between ram and ten is that the former is often used to refer to a traditional or classical dance, and the latter, a modern one. (Wikisource contributor note)
Reference: Royal Institute of Thailand (2013). "Photchananukrom chabap ratchabandittayasathan phoso song phan ha roi hasip si" [Royal Institute Dictionary, 2554 BE]. orst.go.th (in Thai).

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