Thailand Copyright Act

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COPYRIGHT Act

What you should know about the latest (i.e., A.D. 2015) version of the Copyright Act

The Thailand Copyright Act prohibits the reproduction, adaptation, and public dissemination of copyrighted materials. However, there are exceptions when the prohibited actions are not for commercial purposes and proper credit is given to the source.This is to prevent loss to the copyright owner or harm to the owner’s rights.

 

What does copyright protect? 

Copyright protects creative works such as articles, books, software, songs, pictures, drawings, and photos.

 

Is merely mentioning the source or giving proper credit enough for the use and dissemination of a copyrighted work so as not to consider as copyright infringement?

Not only just the mentioning of the source or giving credits each time you use a copyrighted work so as not to consider as copyright infringement. It must not adversely affect the copyright holder’s rights or normal seeking of benefits from the work.

 

What manners of using a picture or an article copied from the Internet require prior permission of the copyright owner? What manners do not?

Use of materials for commercial purposes require prior permission. One that does not need prior permission is by using a reasonable number of pictures or articles for purposes such as personal, educational and non-profit-seeking research or study, critiquing or recommending the picture or article and broadcasting through the media with acknowledgment of the copyright ownership.

 

How should we respond to other people’s use of our copyrighted materials without permission?

Upon finding out the infringement, you may warn the infringing party to stop the violation. You may lodge a complaint with the police or file a lawsuit to the court.  Another alternative is to seek arbitration either in court or by using the service of the Department of Intellectual Property’s “Prevention and Dispute Resolution, Intellectual Property”.

 

Can we download movies or songs from the internet and share them to our friends?

Downloading is also a way of reproduction that requires prior permission of the copyright owner. You may only do so via Copyright Websites where they allow free downloading.  Downloading from a free-charging website requires the user to pay for their service first.  In either case, however, the user cannot share the downloaded content.

 

Can we copy articles or pictures from a website and post or share them on social media?

Articles and pictures are copyright works.  Before copying or sharing them, you should understand the extent to which the website’s usage conditions allow.  However, where the amount used is small with insignificant economic value (e.g., 1 or 2 pictures), the use is not for commercial or profit-seeking purposes, the source is properly credited, and the copying or sharing is fair, it is not copyright infringement.

 

Will the Internet Service Provider (ISP), YouTube and Google be guilty of copyright infringement if an internet user uploads a copyright-infringing movie or song?

No, if they cooperate with the copyright owner in removing the infringing material from their site.