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Thailand Law Update

What do you know about the laws of Copyright?
Author : M & S Law Office 2006
Issued : 27-October-2013

First of all, you should know that any creations are deemed copyright works automatically even though they are not registered but you need to be able to present evidence to prove the creation. However, news, laws or regulations are not copyright works.

There are two words that you should know Ownership and Copyright.

Ownership is the right to possess and to own the work that you purchased.

Copyright is the exclusive right to do any acts with respect to the work created by the authors intelligence, knowledge, capability and diligence without copying anyones work. The author who created works meeting the criteria under the copyright laws shall be protected automatically without any registration.

Copyright is a kind of intellectual property, which is incorporeal property, which can be conceived as the exclusive right given to the authorship to perform any acts with respect to the work. Copyright protects expression of ideas but 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. A copyright work does not require novelty but it must be original and created with diligence and intelligence to a certain extent.

The Copyright Act B.E. 2537 (1994) protects 9 types of work as follows:

1.     Literary work such as books, pamphlets, writings, printed matter, lectures, sermons, addresses, speeches, including computer programs.

2.     Dramatic work such as a work with respect to choreography, dancing, acting or performance in dramatic arrangement, including a pantomime.

3.     Artistic work such as a work of painting and drawing, work of sculpture, work of lithography, work of architecture including photographic work  etc.

4.     Musical work such as a work with respect to a song, rhythm and lyrics including arranged and transcribed musical notes or musical diagrams.

5.     Audiovisual work such as DVDs and CDs with sounds and images.

6.     Cinematographic work

7.     Sound recordings such as CDs, tapes etc.

8.     Sound and video broadcasting work

9.     Any other work in the literary, scientific or artistic domain whatever may be the mode or form of its expression

 

Acquirement of Copyright

A person, who makes or creates any work, will receive automatic protection without going through any formality including registration if the work posseses the criteria specified in the Act.

Copyright protection does not extend to the following works.

1.     News of the day and facts having the character of mere information, which is not a work in literary, scientific or artistic domains,

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.

6.     Ideas or procedures, processes or systems or methods of use or operation or concept, principles, discoveries or scientific or mathematical theories.

 

Who is the owner of Copyright?

Persons eligible to copyright ownership are as follows:

1.     An author who makes or creates any work which is a copyright work to include a person who makes a work of joint authorship.

2.     An employer who hires someone to make or create any works.

3.     A person who creates an adaptation or addition or combination of the work approved by the owner of the copyright of the work.

4.     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

5.     An assignee of copyright

 

Term of Copyright Protection

In general the protection will begin immediately after the work has been created and continue throughout a lifetime of an author and will further extend for fifty years after the death of an author. However there are some works that have a different terms of protection as follows:

1.     Copyright of work exists for the life of the author and continues to exist for fifty years after the death of the author.

2.     Copyright in a photographic work, audiovisual work, cinematographic work, sound recordings or audio and video broadcasting work exists for fifty years as from the authorship, provided that if the work is published during such period, copyright exists for fifty years as from the first publication.

3.     Copyright in a work which is created in the course of employment, instruction or control in accordance with Section 14 exists for fifty years as from the authorship, provided that if the work is published during such period, copyright exists for fifty years as from the first publication

4.     Copyright in a work of applied art exists for twenty-five years as from the authorship.

 

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Our fees are reasonable and we offer a free appraisal of what is required and we will then be able to put a cost to the work involved.

Our Bangkok Law Company is located on Suthisan Road. You can take MRT to get off at Suthisan Station. Click here to get directions to our law company or calling at
(+66)2 693-2036 or send email to contact@mslaw2006.com or send us enquiry.

 

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