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Thai Copyright Act Amendments, 2015

STLO Asia > News & Publications  > Thai Copyright Act Amendments, 2015

Thai Copyright Act Amendments, 2015

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Background concept wordcloud illustration of intellectual property glowing light

Thailand’s Copyright Act B.E. 2537 (A.D. 1994) has recently been amended by two amending acts, namely the Copyright Act (No. 2) B.E. 2558 (A.D. 2015) and the Copyright Act (No. 3) B.E. 2558 (A.D. 2015) which was published in the Royal Gazette on February 5, 2015, and came into force on August 4, 2015.

The Act introduces 10 major amendments to the Copyright Act B.E. 2537 (A.D. 1994) on Rights Management Information (RMI), Technological Protection Measures (TPMs) and exemptions from copyright liability for Internet Service Providers (ISPs), by adding thereto the following provisions:
1)      Section 28/1, any recording of movies in a film theatre without authorization and is strictly prohibited, even for personal use.
2)      Section 32/1on the first sale exception, which states that lawful distribution of an original copyright work or its copies by a person who has lawfully obtained the ownership of such work or copies is exempt from copyright infringement.
3)      Section 32/2on the temporary reproduction exception; the reproduction of copyright works in a computer system, which is necessary for the system to operate normally, does not amount to copyright infringement.
4)      Section 32/3on the preliminary injunctions against infringement of copyright in computer systems, if a copyright owner has evidence to believe that copyright infringement is taking place in the computer system of a service provider, he or she may file a motion in the court for an order against the service provider to stop such infringement.
5)      Section 32 (9) on the disabled persons exception, which states that the reproduction or adaptation of copyright works for the benefit of disabled persons is not considered copyright infringement, provided it is for nonprofit purposes.
6)      Section 51/1on the performers’ moral rights, a performer has the right to identify himself or herself as the performer of his or her performances and to prevent his or her assignee or any other person from any modification of his or her performances that would be prejudicial to his or her reputation or dignity.
7)      Section 53/1 and Section 53/2 on the establishment of a framework for Rights Management Information (RMI), provided that the manipulator is aware that his or her actions could infringe a copyright or performers’ rights. RMI infringement also occurs where the act of importing into Thailand for sale or making available to the public any copyright-protected work is done with the knowledge that the RMI of such work has been removed or altered.
8)      Section 53/4on the prohibition against the circumvention of Technological Protection Measures (TPMs), which states that the circumvention of technological measures or provision of services for the purpose of circumventing technological measures with realization that such act may induce or cause infringement of copyright or performer’s rights is deemed an act of infringement of the technological measures. For the person who commits such act of circumvention, the criminal liability is imposed according to Section 70/1, and the specific exceptions to liability for circumventing TPMs, specified under Section 53/5.
9)      New paragraph 2 added to Section 64 on the punitive damages, which states that if there is clear evidence that copyright infringement or infringement of a performer’s right is committed intentionally so that the copyright work or a performer’s right can be widely accessed by the public, the court may award higher levels of damages but may not exceed double the amount.
10)  Changes to Section 75 allowing the court to order the destruction of counterfeit goods after seizure
[1] Thailand Copyright Act (No. 2) B.E. 2558 (2015), WIPO [http://www.wipo.int/wipolex/en/details.jsp?id=15713]
[2] Ten Key Changes to Thailand’s Copyright Act (April 2015), Tilleke & Gibbins

 

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