Translation:Copyright Act (No 3), 2558 BE

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Copyright Act (No 3), 2558 BE (2015)
National Legislative Assembly of Thailand (2014), translated from Thai by Wikisource

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National Legislative Assembly of Thailand (2014)3423915Copyright Act (No 3), 2558 BE2015Wikisource

Volume 132, Number 6A

Page 14
Royal Gazette

5 February 2558

Copyright
Act (No 3),
2558 BE

Bhumibol Adulyadej R
Given on the 31st day of January 2558 BE
Being the 70th year of the present reign

Phrabat Somdet Phra Paramin Maha Bhumibol Adulyadej gives a great royal command by which He orders with His pleasure that it be announced as follows:

Whereas it is appropriate to amend the law on copyright;

Therefore, He grants with His gracious pleasure, by and with the advice and consent of the National Legislative Assembly, the enactment of the following Act:

Section1.This Act is called the Copyright Act (No 3), 2558 BE.

Section2.This Act shall come into force upon expiry of the period of sixty days from the day of its publication in the Royal Gazette onwards.

Section3.The following text shall be inserted in the Copyright Act, 2537 BE as section 28/1:

“Section28/1.Reproduction by recording either or both of the sound and picture of a film copyrighted under this Act in whole or in part in a cinema according to the law on films and videos during its screening in that cinema shall, if without the permission under section 15(5), be deemed to be infringement of copyright and paragraph 2(2) of section 32 shall not be applied.”

Section4.The following text shall be inserted in the Copyright Act, 2537 BE as (9) of paragraph 2 of section 32:

“(9)reproduction or adaptation in the interest of a disabled person who is incapable of access a copyrighted work on account of vision, hearing, intellectual, or learning impairment or such other impairments as designated in a ministerial regulation, without a view to seeking profit; in this respect, the forms of the reproduction or adaptation necessary for disabled persons, the entities to carry it out, as well as the criteria and formalities for the carrying out thereof, shall be as designated and published in the Royal Gazette by the Minister”.

Section5.The following text shall be inserted in the Copyright Act, 2537 BE as section 69/1:

“Section69/1.Whoever commits infringement of copyright according to section 28/1 shall be punished with imprisonment from six months to four years, or a fine from one hundred thousand baht to eight hundred thousand baht, or both the imprisonment and the fine.”

Countersignature
General Prayut Chan-o-cha
Prime Minister

Note: The grounds for promulgation of this Act are as follows: At present, there are problems of reproducing [copyrighted works] by recording without permission either or both of sound and picture of Thai and foreign films during their screening in cinemas and reproducing them through various media, as CDs or DVDs, for further distribution, causing considerable economical damage to the film industry and related businesses, to the detriment of the ordinary exploitation of copyrighted works by the copyright owners or persons permitted to use the rights. Moreover, [the offenders] avail themselves of the exceptions to copyright infringement under the present law on copyright to assert that the reproduction is for their personal use. Thus, it is appropriate to amend the Copyright Act, 2537 BE by designating the commission of the said infringement of copyright as a specific offence liable to the same punishment as that for an infringement of copyright for a commercial purpose. In addition, it is appropriate to designate an additional exception to copyright infringement in favour of persons with visual disability, persons with hearing disability, persons with intellectual disability, and persons with other types of disabilities as designated in a royal decree, so that they would be able to access copyrighted works as necessary. It is therefore necessary to enact this Act.

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