Translation:Rights of Author Act, 120 RE
Rights of Author[1]
Act
By Phra Bat Somdet Phra Paramin Maha Chulalongkorn Phra Chunlachomklao Chaoyuhua,[2] a great royal command has been issued declaring to all that it be announced for general information as follows: Nowadays, when certain people have made their efforts to compose writings with their own intelligence and wisdom and published them to produce some benefits, there often happens to be, if any of those writings could be distributed in a large quantity, someone else daring enough to print that writing for sale without authorisation, causing ruin to the benefits which should devolve upon the author by all rights. Repeatedly has this happened, and such an incident as this is, in most countries, suppressed by the law which prevents others from reproducing or publishing writings without permission of their authors. Entertaining an opinion that there should be established in his Kingdom an Act for protecting and safeguarding the benefits of the authors in line with fairness, His Majesty is graciously pleased[3] to enact the following Act henceforth:
Chapter 1. Of the name
and the schedule for the coming into force of the Act.
Section1.This Act shall bear the name of the "Rights of Author Act, 120 RE".[4]
Section2.This Act shall come into force from the date of its proclamation onwards.
Chapter 2. Of the rights of author.
Section3.When anyone has composed certain writings which make up a book or which merely form part of a book, that one shall, if he has correctly complied with the provisions of this Act, enjoy the rights of author in those writings he has composed, as if they were his own items of possessions.
Section4.The person enjoying the rights of author in any writing has the exclusive power to print, to copy, to translate into a different language, and to distribute or sell the writing in respect of which he enjoys the rights of author. No one else can print, copy, translate into a different language, or distribute or sell such writing without having obtained permission from the person enjoying the rights of author.
Section5.The rights of author shall remain throughout the lifetime of the author of the writing and shall continue to remain for seven more years as from the date of the author's death. But if the duration of the rights of author in any writing, reckoned from the date of the author's death to the end of the seventh year after the author's death, does not yet amount to a total of 42 years, then the rights of author shall continue to remain until [the duration] adds up to a total of 42 years as from the date of acquisition of the rights of author in such writing, following which shall the term of the rights of author terminate.
Section6.If, in respect of any writing, the author dies prior to acquiring the rights of author, and if his heir brings [the writing] before [the officer] and applies for the rights of author within the period of 12 months reckoned from the date of the author's death, then [the heir] shall acquire the rights of author in such writing, and the rights of author shall last for a period of 42 years reckoned from the date of the author's death.
Section7.Only the writings which have been printed in the Kingdom and distributed for the first time in the Kingdom can be subject to the rights of author.
Section8.When a writing is a textbook of which the composition has been funded by the Government, the rights of author in such writing rest with the Government always.
Section9.As regards a writing which has been composed or published prior to the date of coming into force of this Act:
Clause1.If the author has already died prior to the date of coming into force of this Act, the writing cannot be subject to the rights of author.
Clause2.If the author is alive still and he himself is the publisher, and if he comes and applies for the rights of author within 12 months reckoned from the date of coming into force of this Act, he shall acquire the rights of author.
Clause3.If the author is alive still but he has sold to another person the absolute right to publish such writing, the writing cannot be subject to the rights of author.
Clause4.If the author is alive still but he has allowed another person to publish [the writing] through any agreement of noncompetition between them, the author must, when wishing to apply for the rights of author, give notice to the publisher first. If the publisher gives his consent, the author can then enjoys the rights of author. If the publisher files an objection, the court shall consider the benefits which would be gained or lost in that case according to the law and custom, and the court shall have the power to rule if the writing should be subject to the rights of author.
Chapter 3. Of modes of
receipt and transfer of rights of author
Section10.Every writing which can be subject to the rights of author under this Act must have been printed already, and the author must bring that writing before the officer for its registration within the period of 12 months as from its publication; or if it is a writing of which the author has died prior to acquiring the rights of author, the heir must bring it before [the officer] and applies for its registration within the period of 12 months as from the date of the author's death.
Section11.After any writing has been subject to the rights of author, if the person enjoying the rights of author edits it and prints it as subsequent editions, the subsequent editions may be brought before [the officer] for registration so as to further apply for the rights of author in those editions.
Section12.The applicant for the rights of author shall file with the officer one copy of every writing which he brings before [the officer] for registration so as to apply for the right of author.
Section13.The officer shall have a register for listing each and every writing in respect of which an application for the rights of author has been made, and once any writing has been entered in the register, the applicant for the rights and the officer are required to set their hands to the register as its token, and to the book containing the copy which the applicant for the rights of author has filed with the officer shall the officer and the applicant likewise set their hands as its token.
Section14.Whoever has received a transfer of the rights of author must produce before the officer the evidence which bears a token of such transfer of the rights of author. After the officer finds it correct, he shall register the transfer of the rights of author for such person. Only upon registration of the rights of author shall the transferee enjoy the power of[5] the rights of author according to this Act.
Section15.Of every writing which is subject to the rights of author, the person enjoying the rights of author must provide one copy to the Royal Hall,[6] one copy to the Wachirayan Royal Library,[7] and one copy to the Phutthasat Sangkhaha Hall.[8]
Chapter 4. Of infringement of rights of author.
Section16.All the writings which are subject to the rights of author shall no one reproduce, or translate into a different language, or publish, either with a view to seeking benefit or without a view to seeking benefit; and the writings which have been reproduced, or translated, or printed in such an illegal manner shall no one help distribute; except when written permission of the person enjoying the rights of author has been obtained, [in which case the said actions] may then be done. If anyone commits such an offence as described in the present section, that one is guilty of infringement of the rights of author; the person enjoying the rights of author has the power to claim a pecuniary payment in remedy or redress as appropriate; and all the writings which have been printed through infringement of the rights of author shall be deemed to be property of the person enjoying the rights of author, who has the power to claim the surrender or seizure of the writings from anyone who retains them; in case of refusal to deliver [the writings], a claim for a pecuniary payment in remedy or redress, or [a charge] of contumacy, may be entered.
Chapter 5. Of fees.
Section17.The fees for registration of the rights of author in writings shall be collected [at the rate of] five baht per each writing; the fees or transfer of the rights of author, five baht per each writing. Thus is the rate of fees, which shall be collected from the applicants for registration of the rights of author or the applicants for transfer of the rights of author.
Section18.The chief of the Department of Royal Scribes shall be the one in charge of and be the executor of this Act.
Proclaimed on the 2nd day of August, 120 Rattanakosin Era,[4] being the 11962th day of the present reign.
Notes
[edit]- ↑ Literally, "ownership of composers of writings"
- ↑ King Chulalongkorn of Siam.
- ↑ Literally, "bearing divine grace, pleasing the heads [of all the people]". See Note 3 also.
- ↑ 4.0 4.1 Corresponding to 1901 CE. The Rattanakosin Era, abbreviated as RE (sometimes found abbreviated as RS, from Thai Rattanakosin Sok), is a historical calendar used in Siam and refers to the era of the Rattanakosin Kingdom. As decreed by King Chulalongkorn (Prakat hai chai wan yang mai, 1888, p. 455), each year under this calendar begins on 1 April. So, 120 RE fell between 1 April 1901 CE and 31 March 1902 CE.
- ↑ Literally, "in".
- ↑ A royal library in the Grand Palace, Bangkok. Damrong Rachanuphap (1944, p. 102) wrote: "The Royal Hall was a place for storing writings which were standard works, textbooks, and official records of the Nation. (The name Royal Hall seems to be a shortening of the Royal Hall of Archives). [It had been custom] since the time of the Ayutthaya Kingdom to have such a hall within the palace. In this time of Rattanakosin, there was also a Royal Hall within the Grand Palace. I once saw it. It was a single-storey building by the road in front of the Amarin Winitchai Hall... Royal scribes were officers in charge of the documents in the Royal Hall, and the works of the royal scribes were also carried out in that hall... In the reign of King Rama V (possibly the Year of the Rat, 2419 BE), during the construction of the Chakkri Mahaprasat Hall, he had the the building of the Royal Hall as well as the buildings of other government departments around it torn down..."
- ↑ A royal library in Bangkok. According to Samnak Hosamut Haeng Chat (2005, pp. 163–165), it was established by children of King Mongkut in 2424 BE (1881/82 CE), was named after him (Wachirayan, or Vajirañāṇa in Pali, being his monk name), and was merged into the National Library in 2447 BE (1904/05 CE).
- ↑ A royal library in Bangkok. According to Samnak Hosamut Haeng Chat (2005, pp. 176), it was established by King Chulalongkorn in 2443 BE (1900/01 CE) and was merged into the National Library in 2447 BE (1904/05 CE). The name Phutthasat Sangkhaha (or Phutthasatsanasangkhaha) translates as "collection about the Buddhist religion" or "support of the Buddhist religion".
Bibliography
[edit]- Original
- "Phra Ratchabanyat Kammasit Phutaeng Nangsue Roso Roi Yisip" [Rights of Author Act, 120 RE]. (1901, 18 August). Ratchakitchanubeksa [Government Gazette], 18(20), 286–288. (In Thai).
- References
- Damrong Rachanuphap. (1944). Nithan Borankhadi [Tales of Old Matters]. Bangkok: n.p. (Printed by order of HE Field Marshal P. Phibunsongkhram, Prime Minister, as a memorial of the royally sponsored funeral of HRH Prince Damrong Rachanuphap at the crematory of Wat Thep Sirinthrawat on 11 March 2487 BE). (In Thai).
- "Prakat Hai Chai Wan Yang Mai" [Proclamation Promulgating a New Calendar]. (1888, 15 May). Ratchakitchanubeksa [Government Gazette], 5(52), 451–456. (In Thai).
- Samnak Hosamut Haeng Chat [Office of the National Library]. (2005). Roi Pi Hosamut Haeng Chat [A Century of the National Library]. Bangkok: Samnak Hosamut Haeng Chat. ISBN 9747912899. (In Thai).
- Samnakngan Soemsang Ekkalak Khong Chat [Office for Strengthening the National Identity]. (2012). Rachasap [Royal Words]. (4th ed.). Bangkok: Samnakngan Soemsang Ekkalak Khong Chat. ISBN 9786162351426. (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:
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| 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.
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