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COPYRIGHT ACT B.E. 2537 (1994)
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 The Copyright Act B.E.2521 shall be repealed.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 work by virtue of this Act.
"copyright" means the exclusive right to do any act according to
this Act with respect to the work created by the author.
"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 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 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 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 three-dimensional 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.
"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.
The Ministerial Regulations which have been proclaimed in the Government
Gazette shall be enforceable.
Chapter 1
PART 1
Copy Right Work
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. Copyright protection shall not extend to ideas or
procedures, 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 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 copyright of which Thailand is a member provided
that the 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.
Section 11. Copyright in the work which is an adaptation of a
copyright work by virtue of this Act done with the consent of the 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
COPYRIGHT PROTECTION
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 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 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
twenty-five 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 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
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 copyright :
(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.
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 copyright work in paragraph one shall not be deemed an 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;
(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 copyright work by virtue of this Act in the following cases shall not
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 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 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 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 copyright in the
literary work, dramatic work, artistic work, musical 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 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 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.
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 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 copyright work if the time specified in the license has
not elapsed or 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 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;
(c) the delivery of the printed materials is not for a
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 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
COPYRIGHT COMMITTEE
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 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 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 sub-committee.
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.
CHAPTER 6
LITIGATION WITH RESPECT TO COPYRIGHTAND PERFORMER'S RIGHTS
Section 62. It shall be presumed in a
litigation with respect to copyright or performer's right, whether it be a civil
or criminal case, 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 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 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
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
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
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 copyright protection by this Act.
The work made before this Act coming into force and not being
a 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 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.
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