User:Papitchaya1st/sandbox

Copyright law in Thailand governs the legally enforceable rights of creative and artistic works under the Copyright Act BE 2537 (1994). Copyright is automatically protected for 50 years and does not need registration; however, it can be filed with the Department of Intellectual property (DIP). Disputes are first heard in the Intellectual Property and International Trade Court.

The Copyright Act BE 2537 (1994) governs the subject of copyright law in Thailand. The Act was applicable on the 9th of December 1994 by royal command of His Majesty King Bhumibol Adulyadej.

= Types of work protected = Copyright work by virtue of The Copyright Act BE 2537 (1994) 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.

The following are not deemed copyright work by virtue of the Copyright Act BE 2537 (1994):

· news of the day or facts which are not work in literary, scientific or artistic domain,

· constitution and legislation,

· regulations, by-laws, notifications, orders, explanations and official correspondence of the Ministries, Departments or any other government or local units,

· judicial decisions, orders, decisions and officials

= Infringement of Copyright = Any of the following acts against a copyright work (including audiovisual work, a cinematographic work or a sound recording, and computer program) without permission, would be considered as an infringement of Copyright:

(1) Reproduction or adaptation of the work

(2) Communication to the public

(3) Letting of the original or copies of the work

(4) Rebroadcasting whether of the whole or in part

(5) Making a work to be heard or seen in public by charging money or another commercial benefit

(6) Selling, occupying for sale, offering for sale, letting, offering for lease, selling by hire purchase or offering for hire purchase

(7) Distribution that may cause damage to the owner of a Copyright

= Exception from infringement of Copyright = An act against a copyright work by virtue of the Copyright Act BE 2537 (1994) which does not conflict with a normal exploitation shall not be deemed an infringement of copyright:

(1) Research or study of the work without gaining any 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 without any profit purpose

(7) Reproduction, adaptation in part of a work or making a summary by a teacher or an educational institution for distribution to students in a class or in an educational institution without gaining any profit

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

(9) Reproduction for use in the library

(10) Reasonable reproduction for the benefit of research or study

= Penalties = Whoever infringes the copyright or the performers shall be punished with a fine from twenty thousand Baht up to two hundred thousand Baht.

If the offence above is committed with commercial purposes, the offender shall be punished 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.

Whoever infringes the Copyright by selling the work for profit, distribution which may cause damage to the owner of Copyright, or communicating the work to the public by knowing that the work is made by infringing the Copyright of another person shall be punished with a fine from ten thousand Baht up to one hundred thousand Baht.

If the offence above is committed with commercial purpose, the offender shall be punished 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.

= Thailand on the priority watch list = In 2014, Thailand remains on the Priority Watch List. The United States remains encouraged by Thailand’s stated commitment to improve Intellectual Property Rights (IPR) protection and enforcement. With the help of the National IPR Center of Enforcement, launched in March 2013, Thailand is expected to be able to improve coordination and allow more effective enforcement actions among Thai enforcement.

The United States urged Thailand to complete many of the legislative and to take enforcement action against widespread piracy and counterfeiting in the country, also to engage with all relevant stakeholders, including IPR owners, to address Thailand’s public health challenges, while maintaining a patent system that promotes innovation. The United States looks forward to continuing to work with Thailand to address these problems and other issues.