Translation:Copyright Act, 2537 BE

Section2.This Act shall come into force upon elapse of the period of ninety days reckoned from the date of its publication in the Government Gazette onwards.

Section3.The Copyright Act, 2521 BE,^[1] shall be repealed.

Section4.In this Act:

"author" means a person who produces or originates^[2] a work of authorship of any kind which is a copyrighted work under this Act;

"copyright" means the exclusive right to do any act under this Act in relation to a work produced by an author;

"literary work" means a work of composition of every kind as may have been produced, such as book,^[3] pamphlet, written material, printed material, lecture, sermon, address, speech, and shall also include a computer program;

"computer program" means an instruction, program,^[4] or any other thing to be applied to a computer in order that the computer would perform a task or any particular outcome would be obtained, irrespective of whatever form of programming language^[5] it is in;

"dramatic work" means a work relating to acts of ram, ten,^[6] gesturing, or acting^[7] which form a story, and shall also include pantomime;^[8]

"artistic work" means a work with one or more of the following characteristics:

(1)work of painting, that is, a work of creating a figure which consists of a kind of line, light, colour, or other thing, or several kinds thereof in combination, on one or more kinds of material;

(2)work of sculpture, that is, a work of creating a figure in relation to a sensible and tangible volume;

(3)work of printmaking, that is, a work of creating a picture through a printing process, and including a printing template or printing form used in printing also;

(4)work of architecture, that is, a work of designing a building or construction, a work of designing or decorating the interior or exterior, including the vicinity, of a building or construction, or the creation of a replica of a building or construction;

(5)work of photography, that is, a work of creating a picture, which is generated by using a picture recording instrument that allows the light to pass through a lens to a film or glass and is developed with a specific formula of chemical liquid, or by any process which originates a picture, or [a work of] recording a picture through a different instrument or method;

(6)work of illustration, map, structure, sketch, or work of creating a three-dimensional figure which relates to geography, topography, or science;

(7)work of applied art, that is, a work in which a kind of the works under (1) to (6), or several kinds thereof in combination, are utilised in any other manner than the appreciation in the value of the said works, such as for a practical use, for decoration of an object or item of utensil, or for a commercial use;

irrespective of whether or not the works under (1) to (7) are of artistic value, and shall also include a photograph or diagram of such a work;

"musical work" means a work relating to [a piece of] music which is composed for playing^[9] or singing, whether having both melody and lyrics or having only the melody, and shall include a musical notation or musical chart which has been separated and arranged musically;

"audiovisual work"^[10] means a work which consists of a sequence of pictures recorded onto an object^[11] of whatever form which can be replayed using an instrument necessary for the use thereof, and shall also include the soundtrack of such work, if any;

"film" means an audiovisual work which consists of a sequence of pictures which can be screened continuously as moving pictures or can be recorded onto a different kind of object^[11] in order to be screened continuously as moving pictures, and shall also include the soundtrack of such film, if any;

"sound recording" means a work which consists of a sequence of musical sounds, sounds of performance, or any other sounds recorded onto an object^[11] of whatever form which can be replayed using an instrument necessary for the use thereof, but this shall not include the soundtrack of a film or the soundtrack of [any] other kind of audiovisual work;

"performer" means actor, musician, singer, nakten, nakram,^[12] or^[13] person who makes gestures, sings, makes utterances, does dubbing, or performs according to a script or in any other manner;

"broadcast"^[14] means a work which is issued to the public by transmission of sound through radio broadcasting,^[15] transmission of sound and picture through television broadcasting,^[16] or by any other similar means;

"reproduce" includes copying by whatever means, imitating, duplicating, producing a printing template of, recording the sound of, recording the picture of, or recording the sound and picture of the original, of a copy, or of a publication, in its essential part, whether in whole or in part; in relation to a computer program, it shall also include copying or duplicating a computer program in its essential part from any recording medium and by whatever means, without the characteristic of making a new work, whether in whole or in part;

"adapt" means to reproduce by converting,^[17] improving, editing, or replicating an original work in its essential part, without the characteristic of making a new work, whether in whole or in part;

(1)in relation to a literary work, it shall include translating a literary work, converting^[17] a literary work, or compiling a literary work through selection and reorganisation;^[18]

(2)in relation to a computer program, it shall include reproducing a computer program by converting, improving, or editing it in its essential part, without the characteristic of making a new [computer program];

(3)in relation to a dramatic work, it shall include changing a non-dramatic work into a dramatic work or changing a dramatic work into a non-dramatic work, whether in the original language or in a different language;

(4)in relation to an artistic work, it shall include changing a work which is a two-dimensional or three-dimensional image into a three-dimensional or two-dimensional image, or producing a replica of an original work;

(5)in relation to a musical work, it shall include reorganising, rearranging musically, or changing the lyrics or melody;^[19]

"communicate to the public" means to cause to be available to the public a work which has been made, by [means of] display,^[7] narration, chanting, playing,^[9] making available through sound and/or picture, construction, disposal,^[20] or by any other means;

"publish"^[21] means to issue for disposal^[20] replications^[22] of a work which have been produced with the consent of the author, irrespective of whatever appearance or form they are in, when those replications are available to the public in a considerable quantity according to the nature of such work, but not including the display or making available of a dramatic work, musical work, or film, the giving of a narration or lecture on a literary work, the transmission of sound and picture in relation to any work, the exhibition of an artistic work, and the construction of a work of architecture;

"competent official" means a person appointed by the Minister to execute this Act;

"Director-General" means the Director-General of the Department of Intellectual Property, and shall also include the person assigned by the Director-General of the Department of Intellectual Property;

"Commission" means the Copyright Commission;

"Minister" means the Minister in charge of this Act.

Section5.The Minister of Commerce shall be in charge of this Act and shall have the power to appoint competent officials and to issue ministerial regulations for the execution of this Act.

Those ministerial regulations shall become applicable upon their publication in the Government Gazette.

Chapter 1
Copyright

Part 1
Copyrighted works

Section6.A copyrighted work under this Act is a work of authorship in the type of literary work, dramatic work, artistic work, musical work, audiovisual work, film, sound recording, broadcast, or any other work in the field of literature, field of science, or field of art, which belongs to an author, irrespective of by whatever means or in whatever form it is expressed.

Copyright protection does not extend to ideas; or procedures, processes, or systems; or methods of use or operation;^[23] or concepts, principles, discoveries, or scientific or mathematical theories.^[24]

Section7.The following are not deemed copyrighted works under this Act:

(1)news of the day and facts with the characteristic of mere information, which are not works in the field of literature, field of science, or field of art;

(2)constitutions and laws;

(3)rules, regulations,^[25] announcements,^[26] orders,^[27] explanations, and correspondences of ministries, bureaus,^[28] departments, or any other state or local agencies;

(4)judgments,^[29] orders,^[30] rulings,^[31] and official reports;^[32]

(5)translations and collections of the things^[33] according to (1) to (4), which are made by ministries, bureaus,^[28] departments, or any other state or local agencies.

Part 2
Acquisition of copyright

Section8.The author shall be the holder^[34] of the copyright in the work he has created, subject to the following conditions:

(1)in the event that the work has not yet been published, the author must have been a Thai national or have resided in the Kingdom, or have been a national of or have resided in a country which is a party to a convention on protection of copyright to which Thailand is also a party, throughout or for most of the time of creation of such work;

(2)in the event that the work has already been published, the work has been published for the first time in the Kingdom or in a country which is a party to a convention on protection of copyright to which Thailand is also a party; or in the event that the first publication has been done outside the Kingdom or in a country which is not a party to a convention on protection of copyright to which Thailand is also a party, the work is, within 30 days reckoned from the date of its first publication, published in the Kingdom or in a country which is a party to a convention on protection of copyright to which Thailand is also a party, or the author is of the characteristic stated in (1) at the time of the first publication.

In the event that an author is required to be a Thai national, if the author is a juristic person, such juristic person must have been set up in accordance with Thai law.^[35]

Section9.As regards a work which has been created by an author in his capacity as a worker^[36] or employee, the copyright in such work shall belong to the author, unless a different agreement has been adopted in writing. However, the employer has the right to communicate such work to the public according to the objectives of the hire of service.^[37]

Section10.As regards a work which has been created by an author on account of being hired^[38] by another person, the hirer shall be the holder^[34] of the copyright in such work, save where the author and the hirer have adopted a different agreement.

Section11.When any work bears a characteristic of having been adapted from a copyrighted work under this Act with the permission of the owner of the copyright, the person who has carried out such adaptation shall hold^[39] the copyright in the work of adaptation^[40] according to this Act. However, this does not affect the rights of the copyright owner in the work of the original author which has been adapted.

Section12.When any work bears a characteristic of having been compiled or assembled from copyrighted works under this Act with the permission of the copyright owners, or having been compiled or assembled from data or any other things which can be read or transmitted using a machine or other device, if the compiler or assembler has compiled or assembled the said work by [means of] selection or organisation in a manner which does not imitate another person's work, the compiler or assembles shall hold^[39] the copyright in the work of compilation or assemblage according this Act. However, this does not affect the rights of the copyright owners in the works, or data, or any other things of the original authors which have been compiled or assembled.

Section13.Section 8, section 9, and section 10 shall apply mutatis mutandis to the holding^[39] of copyright according to section 11 or section 12.

Section14.A ministry, bureau,^[28] department, or any other state or local agency does hold^[39] the copyright in a work created on account of having been hired by it, or as ordered by it, or under its control, save where a different agreement has been adopted in writing.

Part 3
Protection of copyright

Section15.Subject to section 9, section 10, and section 14, the owner of the copyright does have the exclusive rights as follows:

(1)to reproduce or adapt [the work];

(2)to communicate [the work] to the public;

(3)to let for rent the original or copies of the computer program, audiovisual work, film, or sound recording;

(4)to give other persons the benefits accruing from the copyright;

(5)to permit other persons to use the right under (1), (2), or (3), with or without any conditions prescribed therefor; provided that the said conditions cannot be prescribed in such a manner that restricts competition unfairly.

The consideration as to whether or not a condition prescribed according to paragraph 1 (5) would unfairly restrict competition shall be in accordance with the criteria, procedure, and conditions prescribed in ministerial regulations.

Section16.In the event that the owner of the copyright under this Act has permitted anyone to use a right according to section 15(5), this does not prejudice the right of the owner of the copyright to permit another person to use such right also, save where a prohibition has been specified in the letter of permission.

Section17.Copyright is transferable.

The owner of the copyright may transfer his copyright, in whole or in part, to another person, and the transfer may be subject to a time limit or may take effect for the entire term^[41] of copyright protection.

The transfer of copyright according to paragraph 2 in any other way than succession^[42] must be done in writing with the signatures of the transferor and the transferee. If no time limit is stated in the contract of transfer, it shall be deemed that the transfer is subject to a time limit of ten years.

Section18.The author of a work copyrighted under this Act has the right to present himself as the author of the said work and has the right to prevent the transferee of his copyright or any other person from misrepresenting, reducing, adapting, or doing any other thing to such work to the extent that causes injury to the good name or credit of the author, and once the author has died, the heir of the author has the right to institute [at any time] throughout the term of copyright protection an action for enforcing the described right, save where a different agreement has been adopted in writing.

Part 4
Term of copyright protection

Section19.Subject to section 21 and section 22, the copyright under this Act shall exist throughout the lifetime of the author and shall continue to exist for a period of fifty more years reckoned from the death of the author.

In the event of joint authorship, the copyright in the work^[43] shall exist throughout the lifetime of the joint authors and shall continue to exist for a period of fifty more years reckoned from the death of the last [surviving] joint author.

If the author or all of the joint authors die prior to the publication of the work, the said copyright shall last for a term of fifty years reckoned from the taking place of the first publication.

In the event that the author is a juristic person, the copyright shall last for a term of fifty years reckoned from the creation of the work by the author, but if the work is published during the said period of time, the copyright shall last for a term of fifty years reckoned from the taking place of the first publication.

Section20.As regards a copyrighted work under this Act which has been created by a pseudonymous or anonymous author, the copyright shall last for a term of fifty years reckoned from the creation of such work, but if the work is published during the said period of time, the copyright shall last for a term of fifty years reckoned from the taking place of the first publication.

In the event that the author is known, section 19 shall apply mutatis mutandis.

Section21.The copyright in a work of photography, audiovisual work, film, sound recording, or broadcast shall last for a term of fifty years reckoned from the creation of such work, but if the work is published during the said period of time, the copyright shall last for a term of fifty years reckoned from the taking place of the first publication.

Section22.The copyright in a work of applied art shall last for a term of fifty years reckoned from the creation of such work, but if the work is published during the said period of time, the copyright shall last for a term of fifty years reckoned from the taking place of the first publication.

Section23.The copyright of a work which has been created on account of a hiring [agreement], or by virtue of an order, or under the control according to section 14 shall last for a term of fifty years reckoned from the creation of such work, but if the work is published during the said period of time, the copyright shall last for a term of fifty years reckoned from the taking place of the first publication.

Section24.The publication of a work according to section 19, section 20, section 21, section 22, or section 23, from which the term of copyright protection starts to be reckoned, means the issuing of the work for publication with the consent of the copyright owner.

Section25.When the term of copyright protection completes in any year, if the date of completion of the term of copyright does not correspond to the final day of the calendar year or in the event that the exact date of completion of the term of copyright protection cannot be ascertained, the copyright shall continue to exist until the final day of that calendar year.^[44]

Section26.The issuing of a copyrighted work for publication after the term of copyright protection has terminated does not result in the revival of the copyright in such work.

Part 5
Infringement of copyright

Section27.The conduct of a particular act upon a work copyrighted under this Act without having obtained the permission under section 15(5) shall be deemed to be an infringement of the copyright, should the act be [any of] the following:

(1)reproducing or adapting;

(2)communicating to the public.

Section28.The conduct of a particular act upon an audiovisual work, film, or sound recording copyrighted under this Act without having obtained the permission under section 15(5), whether in relation to either the sound or picture or to both the sound and picture,^[45] shall be deemed to be an infringement of the copyright, should the act be [any of] the following:

(1)reproducing or adapting;

(2)communicating to the public.

(3)letting for rent the original or copies of the said work.

Section29.The conduct of a particular act upon a broadcast copyrighted under this Act without having obtained the permission under section 15(5) shall be deemed to be an infringement of the copyright, should the act be [any of] the following:

(1)making an audiovisual work, film, sound recording, or broadcast, whether in whole or in part;

(2)retransmitting the sound and picture, whether in whole or in part;

(3)making arrangements for the public^[46] to listen to and/or view the broadcast, with a demand for money or other commercial benefit.

Section30.The conduct of a particular act upon a computer program copyrighted under this Act without having obtained the permission under section 15(5) shall be deemed to be an infringement of the copyright, should the act be [any of] the following:

(1)reproducing or adapting;

(2)communicating to the public;

(3)letting for rent the original or copies of the said work.

Section31.Anyone who, having known already or having a reason for which he should have known that any work has been produced through an infringement of the copyright of another person, conducts a particular act upon such work with a view to seeking profit, shall be deemed to commit an infringement of the copyright, should the act be [any of] the following:

(1)selling, possessing for sale, offering for sale, letting for rent, offering for rent, selling on hire-purchase, or offering for hire-purchase;

(2)communicating to the public;

(3)distributing in such a manner that would cause injury to the owner of the copyright;

(4)bringing or ordering [to be brought] into the Kingdom.

Part 6
Exceptions to infringement of copyright

Section32.The conduct of [any] act upon another person's work copyrighted under this Act shall not be deemed to be an infringement of the copyright, if it is not contrary to the copyright owner's ordinary exploitation of the copyrighted work and does not immoderately affect the lawful rights of the copyright owner.

Subject to the provision of paragraph 1, the conduct of a particular act upon a copyrighted work in accordance with paragraph 1 shall not be deemed to be an infringement of the copyright, should the act be [any of] the following:

(1)the carrying out of a research or study on the work without a view to seeking profit;

(2)the use for personal benefit or for the benefit of one's own and another person in the family or a close relative;

(3)the giving of a comment, criticism, or recommendation on the work with an acknowledgement of the ownership of the copyright in such work;

(4)the presentation of a news report through mass communication with an acknowledgement of the ownership of the copyright in such work;

(5)the reproduction, adaptation, exhibition, or making available for the sake of the consideration of a court or public officer empowered by a law or in the reporting of the outcome of such consideration;

(6)the reproduction, adaptation, exhibition, or making available by a teacher for the sake of his own teaching, without a view to seeking profit;

(7)the reproduction, adaptation of certain parts of the work, or reduction, or summarisation by a teacher or educational institution for distribution or disposal^[20] amongst the students in a class or educational institution, without a view to seeking profit;

(8)the use of the work as part of questions and answers in an examination.^[47]

Section33.The quoting,^[48] copying, imitating, or referring to certain parts of a work copyrighted under this Act with an acknowledgement of the ownership of the copyright in such work shall not be deemed to be an infringement of the copyright, if section 32, paragraph 1, is abided by.

Section34.In the following cases, the reproduction, by a librarian of a library, of a work copyrighted under this Act, shall not be deemed to be an infringement of the copyright, if such reproduction is without a view to seeking profit and section 32, paragraph 1, is abided by:

(1)the reproduction for use in the library or for another library;

(2)the appropriate reproduction of certain parts of the work for another person for the sake of a research or study.

Section35.The conduct of [any of] the following acts upon a computer program^[49] copyrighted under this Act shall not be deemed to be an infringement of the copyright if it is without a view to seeking profit and section 32, paragraph 1, is abided by:

(1)the carrying out of a research or study on the computer program;

(2)the use for the sake of the owner of a copy of the computer program;

(3)the giving of a comment, criticism, or recommendation on the work with an acknowledgement of the ownership of the copyright in the computer program;

(4)the presentation of a news report through mass communication with an acknowledgement of the ownership of the copyright in the computer program;

(5)the making of copies of the computer program in an appropriate quantity by a person who has rightfully bought or received from another person the said program, in order to store them for use in maintenance or prevention of loss;

(6)the reproduction, adaptation, exhibition, or making available for the sake of the consideration of a court or public officer empowered by a law or in the reporting of the outcome of such consideration;

(7)the use of the computer program as part of questions and answers in an examination;^[47]

(8)the adaptation of the computer program in the event that this is required for [its] use;

(9)the making of copies of the computer program, so as to keep them for reference or research in the interest of the public.

Section36.The exhibition of a dramatic work or musical work in order to communicate it to the public as appropriate, which is not organised or carried out with a view to seeking profit in return for its communication to the public, and for which no admission charge is collected, either directly or indirectly, and in which the performers receive no remuneration in return for the performance, shall not be deemed to be an infringement of the copyright, if it is carried out by an association, foundation, or other organisation with objectives for public charity, education, religion, or social welfare, and section 32, paragraph 1, is abided by.

Section37.The drawing, painting, construction, engraving, modelling,^[50] carving, printmaking, taking of a picture, shooting of a film, [or] transmission of a picture of, or the conduct of any similar act upon, any artistic work, other than a work of architecture, located in a public place in an open and fixed^[51] manner, shall not be deemed to be an infringement of the copyright in such artistic work.

Section38.The drawing, painting, engraving, modelling,^[50] carving, printing of a picture, taking of a picture, shooting of a film, or transmission of a picture of any work of architecture shall not be deemed to be an infringement of the copyright in such work of architecture.

Section39.The taking of a picture, or shooting of a film, or transmission of a picture of any work in which any artistic work is included as a component shall not be deemed to be an infringement of the copyright in such artistic work.

Section40.In the event that the ownership of the copyright in any artistic work is shared by another person than the author, an act by which the same author subsequently produces such artistic work again in a manner that constitutes a reproduction of certain parts of the original artistic work, or that uses a printing form, sketch, diagram, model, or data obtained from a study, once used in the production of the original artistic work, shall not be deemed to be an infringement of the copyright in such artistic work, if it appears that the author does not reproduce, or copy the form of, any essential part of the original artistic work.

Section41.As regards any building which is a work of architecture copyrighted under this Act, the restoration of such building in the same form shall not be deemed to be an infringement of the copyright.

Section42.In the event that the term of protection of the copyright in any film has already terminated, it shall not be deemed that the communication of such film to the public is an infringement of the copyright in the literary works, dramatic works, artistic works, musical works, audiovisual works, sound recordings, or [other] works used in the making of that film.

Section43.The reproduction for the sake of the performance of an official function, by a public officer empowered by a law or by virtue of an order of the said public officer, of a work which is copyrighted under this Act and is in the possession of an official agency, shall not be deemed to be an infringement of the copyright, if section 32, paragraph 1, is abided by.

Chapter 2
Performers' rights

Section44.A performer does have the exclusive right to conduct the following acts in relation to his own performance:

(1)the transmission of the sound and picture of or the communication to the public of a performance, save the transmission of the sound and picture of or communication to the public of an already recorded performance from a performance recording;^[52]

(2)the recording of a performance which has not yet been recorded;

(3)the reproduction of a performance recording which has been made by someone without having obtained the permission of the performer, or a performance recording which has been permitted for a different purpose, or a performance recording which falls within the exceptions to infringement of performers' rights under section 53.

Section45.Anyone who directly transmits the sound and picture of or publishes to the public a sound recording of a performance which has already been issued for publication with a commercial purpose or a copy of such work shall pay a fair amount of remuneration to the performer. In the event that the remuneration cannot be agreed upon, the Director-General shall give an order prescribing the remuneration, having regard to the ordinary rate of remuneration for such type of business.

As regards the order of the Director-General under paragraph 1, [either] party may lodge an appeal with the Commission within 90 days reckoned from the date of its receipt of a written notice of the order of the Director-General. The ruling of the Commission shall be final.

Section46.In the event that any performance or sound recording of a performance involves more than one performer, those performers may appoint a joint agent for taking care of or managing^[53] their rights.

Section47.A performer shall have the right in his performance according to section 44 if the following conditions are met:

(1)the performer has Thai nationality or has a residence in the Kingdom; or

(2)the performance or most of the performance takes place in the Kingdom or in a country which is a party to a convention on protection of performers' rights to which Thailand is also a party.

Section48.A performer shall have the right to receive the remuneration under section 45 if the following conditions are met:

(1)the performer has Thai nationality or has a residence in the Kingdom at the time the sound of his performance is recorded or at the time the right is claimed; or

(2)the recording of the sound of the performance or most of the recording of the sound of the performance takes place in the Kingdom or in a country which is a party to a convention on protection of performers' rights to which Thailand is also a party.

Section49.The right of a performer according to section 44 shall last for a term of fifty years reckoned from the final day of the calendar year^[54] in which the performance takes place. In the event that the performance is recorded, the term shall be fifty years reckoned from the final day of the calendar year^[54] in which the recording takes place.

Section50.The right of a performer according to section 45 shall last for a term of fifty years reckoned from the final day of the calendar year^[54] in which the recording of the sound of the performance takes place.

Section51.The rights of a performer according to section 44 and section 45 are transferrable, whether [they are to be transferred] in whole or in part, and the transfer may be subject to a time limit or may take effect for the entire term^[41] of protection.

In the event that there is more than one performer [involved], [each] performer has the right to transfer only the part of the rights which belongs to him.

The transfer in any other way than succession^[42] must be conducted in writing with the signatures of the transferor and the transferee. If no time limit is stated in the contract of transfer, it shall be deemed that the transfer is subject to a time limit of three years.

Section52.Anyone who conducts any of the acts under section 44 without having obtained the permission of the performer or fails to pay the remuneration under section 45 shall be deemed to infringe the right of the performer.

Section53.Section 32, section 33, section 34, section 36, section 42, and section 43 shall apply mutatis mutandis to the performers' rights.

Chapter 3
Use of copyright under special circumstances

Section54.A Thai national who wishes to apply for the permission to use the copyright in a work which has been communicated to the public in the form of printed material or other similar form according to this Act for a purpose of study, teaching, or research without a view to seeking profit may file an application with the Director-General together with the evidence that the applicant once applied to the copyright owner for, but was denied, his permission to use the copyright for making a Thai translation [of his work] or for reproducing copies of a previously printed Thai translation of his work,^[55] or that a reasonable time has been taken to reach any agreement between them, but to no avail; if, at the time the said application is filed, it appears that:

(1)the copyright owner has not made or permitted anyone to make a Thai translation of the said work for publication within three years after the first publication of the work; or

(2)the copyright owner has printed a Thai translation of his own work for publication, but, after elapse of the period of three years following the last printing of the said translation, no translation of such work has been printed again and no copy of the translation of the said work is longer available in the market.

The application for permission under paragraph 1 shall be in accordance with the following criteria, procedure, and conditons:

(1)when the application for permission under paragraph 1 is made, the Director-General shall not give an order of permission if six months after the termination of the period of time under paragraph (1) or (2) are not yet over;

(2)in the event that the Director-General gives an order of permission, the permitted person shall have the exclusive right to make a translation of or print a translation of the work for which the permission is thus given; and in the event that the period of time [stated] in the letter of permission does not yet terminate or six months after its termination are not yet over, the Director-General shall not permit another person to make a Thai translation of the same copyrighted work;

(3)the permitted person shall not transfer to another person the right for which the permission is given;

(4)if the copyright owner or the person permitted to use the rights of the copyright owner demonstrates to the Director-General that he has made a Thai translation [of the work] or has printed a Thai translation of the said work which has the same contents as the printed material for which the permission is given in accordance with section 55 and disposes such printed material of^[20] at an appropriate price compared to other similar types of works disposed of in Thailand, the Director-General shall give an order that the letter of permission issued to the permitted person be terminated, and shall notify the permitted person of the said order without delay;

as regards the copies of the printed material which have been made or printed before the Director-General gives the order terminating the letter of permission, the permitted person has the right to dispose them of^[20] until they are no more;

(5)the permitted person shall not send out of the Kingdom copies of the printed material which has been permitted to be translated into or made in the Thai language as said, save where the following conditions are met:

(a)the recipient in the foreign country is a Thai national;

(b)the said printed material is used for a purpose of study, teaching, or research;

(c)the sending of the said printed material is not for a commercial purpose; and

(d)the country to which the printed material is to be sent must permit Thailand to send or distribute the said printed material in its territory.^[56]

Section55.Upon receiving the application under section 54, the Director-General shall arrange for the parties to reach an agreement in respect of the remuneration and the conditions on the use of copyright between them. In the event that no agreement can be reached, the Director-General shall consider giving an order prescribing a fair amount of remuneration, having regard to the ordinary rate of remuneration for such type of business, and may prescribe certain conditions on the use of copyright as he finds appropriate.

Upon having prescribed the remuneration and the conditions on the use of copyright, the Director-General shall issue a letter of permission to the applicant for the use of copyright.

As regards the order of the Director-General under paragraph 1, [either] party may lodge an appeal with the Commission within 90 days reckoned from the date of its receipt of a written notice of the order of the Director-General. The ruling of the Commission shall be final.

Chapter 4
Copyright Commission

Section56.There shall be a commission called the "Copyright Commission", consisting of the Permanent Secretary for Commerce as President and not more than 12 qualified persons appointed by the Council of Ministers as Members, of whom not less than six shall be appointed from amongst the representatives of the associations of owners of copyright or performers' rights and the representatives of the associations of users of copyright or performers' rights.^[57]

The Commission may appoint any persons as its Secretary and Assistant Secretaries.

Section57.The qualified Members shall be in office for a term of two years. A Member who has vacated office may be reappointed.

In the event that a Member vacates office prior to [the expiry of] his term, or in the event that the Council of Ministers appoints an additional Member whilst the previously appointed Members are still in office,^[58] the person appointed to hold office as a substitute or additional Member shall be in office for the remaining term of the previously appointed Members.

Section58.A qualified Member vacates office prior to [the expiry of] his term, upon:

(1)death;

(2)resignation;

(3)removal by the Council of Ministers;

(4)being a bankrupt;

(5)being an incompetent or quasi-incompetent person; or

(6)being sentenced to imprisonment by a final judgment of imprisonment, save where the penalty is given for an offence committed negligently or petty offence.

Section59.At a meeting of the Commission, the attendance of not less than one half of the total number of the Members is required for establishing a quorum. Should the President of the Commission be absent from a meeting or be unable to perform his duties, the Members present at the meeting shall select a Member of the Commission to preside over the meeting. The making of a decision of a meeting shall adhere to a majority of votes.^[59]

In casting of votes, one Member shall have one vote. Should there be a parity of votes, the president of the meeting shall give one additional vote as a casting vote.

Section60.The Commission has the following powers and duties:

(1)to give recommendations or counsel to the Minister for the issuance of ministerial regulations in accordance with this Act;

(2)to rule on appeals against orders of the Director-General according to section 45 and section 55;

(3)to promote or support associations or entities^[60] of authors or performers, in relation to the operations for collection of remuneration from other persons who use works which are subject to copyright or performers' rights and the protection or safeguarding of rights or any other interests according to this Act;

(4)to consider other matters as assigned by the Minister.

The Commission shall have the power to appoint a sub-commission for considering or executing a particular matter as assigned by the Commission, and section 59 shall apply mutatis mutandis to the meetings of the sub-commission.

In performing its duties, the Commission or sub-commission shall have the power to issue an order in writing requiring any person to appear and give a statement or to deliver any document or object for the sake of its consideration^[61] as necessary.

Chapter 5
International copyright and performers' rights

Section61.The copyrighted works of an author and the rights of a performer^[62] from a country which is a party to a convention on protection of copyright or convention on protection of performers' rights to which Thailand is also a party, or copyrighted works of an international organisation of which Thailand is also a member, enjoy protection under this Act.

The Minister shall have the power to publish in the Government Gazette a list of the names of the countries which are parties to a convention on protection of copyright or convention on protection of performers' rights.

Chapter 6
Cases relating to copyright and performers' rights

Section62.In a case relating to a copyright or performer's right under this Act, whether it be a civil case or criminal case, it shall be presumed that the work grounding the institution of such case is a work subject to the copyright or performer's right under this Act and that the plaintiff is the owner of the copyright or performer's right in such work, save where the defendant argues that no one owns the copyright or performer's right, or disputes the rights of the plaintiff.

Where any work bears something indicating the name or a substitute for the name of any person who claims himself to be the owner of the copyright or performer's rights, it shall be presumed that the person owing such name or substitute for the name is the author or performer.

Where any works bears nothing indicating a name or substitute for a name, or bears something indicating the name or substitute for the name [of a person who] does, however, not claim to be the owner of the copyright or performer's right, and bears something indicating the name or any substitute for the name of another person who claims to be the printer, the publisher, or the printer and publisher, it shall be presumed that the person who is the printer, the publisher, or the printer and publisher as said is the owner of the copyright or performer's right in such work.

Section63.No case on infringement of a copyright or performer's right can be instituted upon elapse of the period of three years reckoned from the date the owner of the copyright or performer's right learns of the infringement and of the identity of the infringer; provided, however, that it must not be later than ten years reckoned from the date the infringement of the copyright or performer's right takes place.

Section64.In the event where there is an infringement of a copyright or performer's right, the court has the power to order the infringer to compensate the owner of the copyright or performer's right with damages in the amount which the court finds appropriate, taking into account also the severity of the damage, as well as the loss of benefits and the expenses necessary for the enforcement of the rights of the owner of the copyright or performer's right.

Section65.In the event where there is express evidence that any person commits or is about to commit a particular act which constitutes an infringement of a copyright or performer's right, the owner of the copyright or performer's right may apply to the court for an order requiring the said person to terminate^[63] or refrain from the described act.

The order of the court under paragraph 1 does not prejudice the right of the owner of the copyright or performer's right to demand damages pursuant to section 64.

Section66.The offences under this Act are compoundable.

Chapter 7
Competent officials

Section67.For the purpose of executing this Act, the competent officials shall be the public officers under the Penal Code and the competent officials shall have the following powers and duties:

(1)to enter a building, place of work, place of manufacture, or place of storage of any person in the interval between sunrise and sunset or during the working hours of such place, or to enter a vehicle, so as to conduct a search on merchandise or to conduct an inspection when there is a reasonable suspicion that there is the commission of an offence under this Act;

(2)to seize or attach for the sake of a prosecution a document or article concerning the commission of an offence, in case there is a reasonable suspicion that there is the commission of an offence under this Act;

(3)to order any person to appear and give a statement or to deliver an account, document, or other evidence, in case there is a reasonable belief that the said statement, account book, document, or evidence would be of use to the discovery of, or could be used as evidence in proving, the commission of an offence under this Act.

In [the course of] the performance of duties by the competent officials, the persons concerned shall provide convenience as appropriate.

Section68.In performing their duties, the competent officials must produce their identity cards to the persons concerned.

The identity cards of the competent officials shall be in the form prescribed by the Minister.

Chapter 8
Penal provisions

Section69.Anyone who commits an infringement of a copyright or performer's right according to section 27, section 28, section 29, section 30, or section 52, incurs a penalty of fine from twenty thousand baht to two hundred thousand baht.

If the offence under paragraph 1 is committed for a commercial purpose, the offender incurs a penalty of imprisonment from six months to four years, or fine from ten thousand baht to eight hundred thousand baht, or both such imprisonment and fine.

Section70.Anyone who commits an infringement of a copyright according to section 31 incurs a penalty of fine from ten thousand baht to one hundred thousand baht.

If the offence under paragraph 1 is committed for a commercial purpose, the offender incurs a penalty of imprisonment from three months to two years, or fine from fifty thousand baht to four hundred thousand baht, or both such imprisonment and fine.

Section71.Anyone who fails to appear and give a statement or deliver any document or object as ordered by the Commission or sub-commission under section 60, paragraph 3, incurs a penalty of imprisonment not exceeding three months, or fine not exceeding fifty thousand baht, or such imprisonment and fine.

Section72.Anyone who obstructs or fails to provide convenience to a competent official who performs the duty under section 67, or violates or fails to abide by an order given by a competent official pursuant to section 67, incurs a penalty of imprisonment not exceeding three months, or fine not exceeding fifty thousand baht, or both such imprisonment and fine.

Section73.Anyone who commits an offence punishable under this Act and once again commits an offence under this Act whilst the period of five years after his discharge from the penalty does not yet complete incurs twice the penalty prescribed for such offence.

Section74.In the event that a juristic person commits an offence under this Act, all the directors or managers of such juristic person shall be deemed to have jointly committed the offence together with the juristic person, save where they successfully prove that the act of the juristic person has been carried out without their knowledge or consent.

Section75.All the things which have been made or brought into the Kingdom in a manner infringing a copyright or performer's right under this Act and which are also under the ownership of the offender under section 69 or section 70 shall belong to the owner of the copyright or performer's right. As regards the things which have been used in the commission of an offence, all of them shall be confiscated.

Section76.One half of a fine paid according to a judgment shall be given to the owner of the copyright or performer's right. However, this does not affect the right of the owner of the copyright or performer's right to enter a civil claim for damages as regards the part not covered by^[64] the amount of the fine thus received by the owner of the copyright or performer's right.

Section77.The Director-General shall have the power to settle^[65] the offences under section 69, paragraph 1, and section 70, paragraph 1.

Transitory provisions

Section78.The works which, on the date of coming into force of this Act, have already been subject to copyright according to the Act for the Protection of Literary and Artistic Works, 2474 Buddhist Era,^[66] or the Copyright Act, 2521 BE,^[1] shall enjoy the copyright protection under this Act.

The works which have been made prior to the date of coming into force of this Act and are not subject to copyright according to the Act for the Protection of Literary and Artistic Works, 2474 Buddhist Era, or the Copyright Act, 2521 BE, but are works eligible for copyright protection according to this Act, shall enjoy the copyright protection under this Act.

Countersignatory:
Chuan Leekpai
Prime Minister

Note: The grounds for promulgation of this Act are as follows: Since the Copyright Act, 2521 BE, has been in force for a long time, many of its provisions are not incompatible with the situations that have changed, either inside or outside the country, especially the development and growth of domestic and international economy, trade, and industry. It is appropriate to improve the measures for protection of copyright, so that they would be more effective and would support the described changes, and for the sake of promoting the growth in the creation of literary works, artistic works, and other related works. Thus, it is necessary to enact this Act.

Notes[edit]

↑ ^1.0 ^1.1 1978 CE.
↑ Literally, "causes to be born".
↑ According to Samnak-ngan Ratchabandittayasapha (2013), the term nangsue (หนังสือ), here translated as book, can mean (1) writing (letter, script; letter, memorandum; document, paper; written creation, composition; written form) and (2) book.
↑ Samnak-ngan Ratchabandittayasapha (2016): Chutkhamsang (ชุดคำสั่ง; "set of instructions") is a term coined for program.
↑ Literally, "computer program language".
↑ Samnak-ngan Ratchabandittayasapha (2013) defines ram (รำ) as "performance involving bodily motions...to the accompaniment of music" and ten (เต้น) as "[an act of] moving a leg [or legs] up and down rhythmically to music". Generally, both ram and ten are translated as dance. The difference between ram and ten is that the former is often used to refer to a traditional or classical dance, whilst the latter, a modern one. Some people translate either ram or ten as choreography, but this is probably a result of misunderstanding and would be misleading, because ram and ten refer to categories of performance, not the ways of doing a performance (which do not enjoy copyright protection according to section 6 of this Act). Anyway, these terms are not found to have been discussed by the Parliament or parliamentary committee during the consideration of this Act, and there is no judicial decision on these terms yet.
↑ ^7.0 ^7.1 Kansadaeng (การแสดง) is an abstract noun of the verb sadaeng (แสดง), which Samnak-ngan Ratchabandittayasapha (2013) defines as (1) to inform, to enlighten; (2) to explain, to clarify; (3) to express, to display, to exhibit, to show; (4) to play, to perform, to act.
↑ Literally, "performance by means of silence".
↑ ^9.0 ^9.1 Performing music, performing on a musical instrument, or making (a player, for example) produce sound or picture.
↑ Literally, "audiovisual material"
↑ ^11.0 ^11.1 ^11.2 Literally, "material".
↑ Nakten (นักเต้น) and nakram (นักรำ) are agent nouns of the verbs ten (เต้น) and ram (รำ), respectively. Samnak-ngan Ratchabandittayasapha (2013) defines ten as "[an act of] moving a leg [or legs] up and down rhythmically to music" and ram as "performance involving bodily motions...to the accompaniment of music". In general, both ten and ram are translated as dance, and thus nakten and nakram would both be translated as dancer. The difference between ten and ram is that the latter is often used to refer to a traditional or classical dance, whilst the former, a modern one. Some people translate either nakten or nakram as choreographer, but this is probably a result of misunderstanding and would be misleading, because nakten and nakram refer to persons who perform ten and ram, not persons who create movements or patterns thereof. Anyway, these terms are not found to have been discussed by the Parliament or parliamentary committee during the consideration of this Act, and there is no judicial decision on these terms yet.
↑ Originally, "and".
↑ Literally, "work of sound transmission, picture transmission"
↑ Although witthayu krachai siang (วิทยุกระจายเสียง) literally translates "sound distributing radio", Samnak-ngan Ratchabandittayasapha (2013) defines the term as "airing of sound signals using radio waves". The term is therefore translated as "radio broadcasting".
↑ Although witthayu thorathat (วิทยุโทรทัศน์) literally translates "television radio", Samnak-ngan Ratchabandittayasapha (2013) defines the term as "airing of television signals using radio waves". The term is therefore translated as "television broadcasting".
↑ ^17.0 ^17.1 Literally, "changing the form anew", which can also refer to reshaping, reforming, deforming, etc.
↑ Literally, "setting the order anew", which can also refer to reorder, rearrangement, etc.
↑ Literally, "organising, arranging musically, or changing the lyrics or melody anew".
↑ ^20.0 ^20.1 ^20.2 ^20.3 ^20.4 Disposing or allotting of, as by gift or sale. Samnak-ngan Ratchabandittayasapha (2013) defines chamnai (จำหน่าย) as "to sell, to allot, to give, to exchange, to assign; to remove, to take out".
↑ Written as a noun in the original Thai text.
↑ Literally, "replicated copies"
↑ Literally, "methods of using or producing a work". "Producing a work" here can also be translated as "carrying out a work" or just "working".
↑ Since the Thai text does not employ punctuation, this can also be translated as "scientific or mathematical concepts, principles, discoveries, or theories".
↑ In fact, both rabiap (ระเบียบ), here translated as rule(s), and khobangkhap (ข้อบังคับ), here translated as regulation(s), are generally translated the same, as rule(s). Samnak-ngan Ratchabandittayasapha (2013) defines rabiap as "norm established as a guide of conduct or action" and khobangkhap as "rule or standard with which persons concerned are required to comply".
↑ In practice, prakat (ประกาศ) is referred to by various names, such as announcement, proclamation, notification, notice, etc. Samnak-ngan Ratchabandittayasapha (2013) defines prakat as (1) information given for general knowledge, such as notice of a temple, notice of a company; (2) information given by an official agency to the public for their knowledge or as a guide of conduct, such as royal proclamation, ministerial announcement, announcement of the Office of the Prime Minister.
↑ In practice, khamsang (คำสั่ง) is referred to by various names, such as order, directive, direction, instruction, mandate, etc.
↑ ^28.0 ^28.1 ^28.2 Thabuang (ทบวง), here translated as bureau, is defined by Samnak-ngan Ratchabandittayasapha (2013) as a "central government agency which has juristic personality and is higher in status than department. There are two types of thabuang, namely, thabuang whose status is equivalent to a ministry, and thabuang whose status is lower than ministry and which is affiliated with the Office of the Prime Minister or with a ministry." At present, although there are some agencies whose names in English bear the word bureau, there are no longer thabuang.
↑ In practice, khamphiphaksa (คำพิพากษา) is referred to by various names, such as judgment, sentence, award, etc.
↑ The term khamsang (คำสั่ง) here, which is generally translated as order, perhaps specifically refers to an order issued by a judicial officer or body. Moreover, a judicial work called khamsang is, in practice, referred to by various names other than order, such as injunction, mandate, decree, writ, etc.
↑ Khamwinitchai (คำวินิจฉัย) can be translated variously, such as adjudication, decision, ruling, etc. Ruling is used here because it seems to be the term actually used by the judiciary of Thailand, as seen on the website of the Constitutional Court which refers to its khamwinitchai as ruling.
↑ Although rai-ngan (รายงาน) is generally translated as report in English, there are works which are called rai-ngan in Thai but are not referred to as reports in English, such as rai-ngan kanprachum (รายงานการประชุม), or meeting minutes, and rai-ngan krabuan phicharana (รายงานกระบวนพิจารณา), or judge's notes.
↑ The Thai phrase tang tang (ต่าง ๆ) means "various" and can be used just for marking the plurality of a noun. So, sing tang tang (สิ่งต่าง ๆ) can be translated "the various things" or just "the things".
↑ ^34.0 ^34.1 It is noteworthy that the term phumi (ผู้มี; "one who has, one who holds, one who possesses") is used here, instead of chaokhong (เจ้าของ; "owner") as in the other places.
↑ Literally, "such juristic person must be a juristic person set up in accordance with Thai law".
↑ Samnak-ngan Ratchabandittayasapha (2013) defines pha-nak-ngan (พนักงาน) as "person having the duty to perform a work".
↑ The Civil and Commercial Code, section 575 (Phra Ratchakritsadika..., 1929, p. 36), provides: "As regards a hire of service, it is a contract by which a person, called the employee, agrees to carry out a work for another person, called the employer, and the employer agrees to provide remuneration throughout the time the work is carried out for him." Hire of service is the English name of such a contract, according to Samnak-ngan Ratchabandittayasapha (2016), although the Thai name literally translates "hire of labour".
↑ The Civil and Commercial Code, section 587 (Phra Ratchakritsadika..., 1929, p. 40), provides: "As regards a hire of work, it is a contract by which a person, called the hired, agrees to carry out for another person, called the hirer, a particular work until its completion, and the hirer agrees to provide remuneration for the completion of the work so carried out." Hire of work is the English name of such a contract, according to Samnak-ngan Ratchabandittayasapha (2016), although the Thai name literally translates "hire for making a thing".
↑ ^39.0 ^39.1 ^39.2 ^39.3 It is noteworthy that the term mi (มี; "to have, to hold, to possess") is used here, whilst pen chaokhong (เป็นเจ้าของ; "to be the owner [of]; to own") is used in most of this document.
↑ Literally, "work that has been adapted".
↑ ^41.0 ^41.1 Literally, "and [one] may transfer [the right(s)] to [another] by having a time prescription or throughout the term".
↑ ^42.0 ^42.1 The passing of property upon death.
↑ Literally, "in the work as said".
↑ Literally, "the calendar year ending day of that year".
↑ Literally, "whether in relation to the sound and/or the picture".
↑ Literally, "the people".
↑ ^47.0 ^47.1 Testing of knowledge and skill (as of pupils or candidates).
↑ Klao (กล่าว), here translated as quoting, is defined by Samnak-ngan Ratchabandittayasapha (2013) as follows: telling, informing, enlightening; saying, speaking, uttering; expressing, showing, manifesting; singing, chanting; proposing (making an offer of marriage); entering into marriage.
↑ Literally, "the conduct, in the following cases, to a computer program".
↑ ^50.0 ^50.1 Act or instance of making a model.
↑ Pracham (ประจำ), here translated as fixed, is defined by Samnak-ngan Ratchabandittayasapha (2013) as follows: not changing or varying, invariable; constant, perpetual; regular, usual; customary, habitual; specific (for), particular (to).
↑ Literally, "the transmission of the sound and picture of or communication to the public from a performance recording which has already been recorded".
↑ Literally "managing as to".
↑ ^54.0 ^54.1 ^54.2 Literally, "the calendar year ending day of the year".
↑ The statement here is quite confusing, or there might be some typographical error. It literally translates "to use the copyright in the making of a translation in the Thai language or the reproduction of copies [or 'the reproduction or copying'?] of a work which has been printed[,] a work of translation in the Thai language as said".
↑ Literally, "in that country".
↑ Chai-ngan (ใช้งาน) can be considered to have a literal meaning, "to use the work", or to just mean "to use", "to put to use", or "to utilise". Thus, the phrase above can mean either (1) "associations of users of works [which are subject to] copyright or performer's rights" or just (2) "associations of users of copyright or performers' rights".
↑ Literally, "still have term of office".
↑ Literally, "the deciding of a meeting, a majority of votes shall be adhered to".
↑ In this Act, the terms ongkon (องค์กร) and ongkan (องค์การ) are used. Linguistically, ongkon was coined for organ (body of an organisation that carries out a certain function); and ongkan, for organisation. However, in the fourth amendment, the term ongkon appears to be used for entity, a term in the Marrakesh Treaty. Therefore, the term ongkon here is also translated as entity for consistency.
↑ Literally, "for supplementing [its] consideration".
↑ This literally translates "the works which have the copyright of an author and the rights of a performer". So, it can be considered to mean (1) the works which are subject to the copyright of an author and[/or] to the rights of a performer; (2) the copyrighted works of an author and the rights of a performer.
↑ Samnak-ngan Ratchabandittayasapha (2013) defines ra-ngap (ระงับ) as "to abate, to pacify".
↑ Literally, "the part that is beyond".
↑ According to Samnak-ngan Ratchabandittayasapha (2013), the settlement of a criminal case, known as priapthiap (เปรียบเทียบ) in Thai, is an act by which an inquiry official or competent official under any law imposes an amount of fine on the criminal in that case as permitted by the law, of which the payment results in the termination of the case.
↑ 1931 CE.

Bibliography[edit]

Original

"Phra Ratchabanyat Likkhasit Phoso Song Phan Ha Roi Samsip Chet" [Copyright Act, 2537 BE]. (1994, 21 December). Ratchakitchanubeksa [Government Gazette], 111(59A), 1–22. (In Thai).

References

"Phra Ratchakritsadika Hai Chai Botbanyat Haeng Pramuan Kotmai Phaeng Lae Phanit Bap Sam Thi Dai Truatchamra Mai" [Royal Decree Promulgating the Revised Provisions of Book 3 of the Civil and Commercial Code]. (1929, 1 January). Ratchakitchanubeksa [Government Gazette], 45(0A), 1–277. (In Thai).
Samnak-ngan Ratchabandittayasapha [Office of the Royal Society]. (2013). Photchananukrom Chabap Ratchabandittayasathan Phoso Song Phan Ha Roi Hasip Si [Royal Institute Dictionary, 2554 BE]. https://dictionary.orst.go.th/ (In Thai).
Samnak-ngan Ratchabandittayasapha [Office of the Royal Society]. (2016). Sap Banyat Samnak-ngan Ratchabandittayasapha [Word Coinage by the Office of the Royal Society]. https://coined-word.orst.go.th/ (In Thai).

This work is a translation and has a separate copyright status to the applicable copyright protections of the original content.

Original:

This work is in the public domain worldwide because it originated in Thailand and is a work under section 7(2) of Thailand's Copyright Act, 2537 BE (1994) (WIPO translation), which provides:

7. The following shall not be deemed copyright works under this Act:

news of the day and facts having the character of mere information, not being works in the literary, scientific or artistic fields;

the constitution and legislation;'

regulations, bylaws, notifications, orders, explanations and official correspondence of the Ministries, Departments or any other government or local units;

judicial decisions, orders, decisions and official reports;

translations and collections of the materials referred to in items (1) to (4), made by the Ministries, Departments or any other government or local units.

Public domainPublic domainfalsefalse

Translation:

I, the copyright holder of this work, hereby release it into the public domain. This applies worldwide.

In case this is not legally possible:

I grant anyone the right to use this work for any purpose, without any conditions, unless such conditions are required by law.

Public domainPublic domainfalsefalse

[2521be-1] 1.0 ^1.1 1978 CE.

[2] Literally, "causes to be born".

[3] According to Samnak-ngan Ratchabandittayasapha (2013), the term nangsue (หนังสือ), here translated as book, can mean (1) writing (letter, script; letter, memorandum; document, paper; written creation, composition; written form) and (2) book.

[4] Samnak-ngan Ratchabandittayasapha (2016): Chutkhamsang (ชุดคำสั่ง; "set of instructions") is a term coined for program.

[5] Literally, "computer program language".

[6] Samnak-ngan Ratchabandittayasapha (2013) defines ram (รำ) as "performance involving bodily motions...to the accompaniment of music" and ten (เต้น) as "[an act of] moving a leg [or legs] up and down rhythmically to music". Generally, both ram and ten are translated as dance. The difference between ram and ten is that the former is often used to refer to a traditional or classical dance, whilst the latter, a modern one. Some people translate either ram or ten as choreography, but this is probably a result of misunderstanding and would be misleading, because ram and ten refer to categories of performance, not the ways of doing a performance (which do not enjoy copyright protection according to section 6 of this Act). Anyway, these terms are not found to have been discussed by the Parliament or parliamentary committee during the consideration of this Act, and there is no judicial decision on these terms yet.

[sd-7] 7.0 ^7.1 Kansadaeng (การแสดง) is an abstract noun of the verb sadaeng (แสดง), which Samnak-ngan Ratchabandittayasapha (2013) defines as (1) to inform, to enlighten; (2) to explain, to clarify; (3) to express, to display, to exhibit, to show; (4) to play, to perform, to act.

[8] Literally, "performance by means of silence".

[pl-9] 9.0 ^9.1 Performing music, performing on a musical instrument, or making (a player, for example) produce sound or picture.

[10] Literally, "audiovisual material"

[mtr-11] 11.0 ^11.1 ^11.2 Literally, "material".

[12] Nakten (นักเต้น) and nakram (นักรำ) are agent nouns of the verbs ten (เต้น) and ram (รำ), respectively. Samnak-ngan Ratchabandittayasapha (2013) defines ten as "[an act of] moving a leg [or legs] up and down rhythmically to music" and ram as "performance involving bodily motions...to the accompaniment of music". In general, both ten and ram are translated as dance, and thus nakten and nakram would both be translated as dancer. The difference between ten and ram is that the latter is often used to refer to a traditional or classical dance, whilst the former, a modern one. Some people translate either nakten or nakram as choreographer, but this is probably a result of misunderstanding and would be misleading, because nakten and nakram refer to persons who perform ten and ram, not persons who create movements or patterns thereof. Anyway, these terms are not found to have been discussed by the Parliament or parliamentary committee during the consideration of this Act, and there is no judicial decision on these terms yet.

[13] Originally, "and".

[14] Literally, "work of sound transmission, picture transmission"

[15] Although witthayu krachai siang (วิทยุกระจายเสียง) literally translates "sound distributing radio", Samnak-ngan Ratchabandittayasapha (2013) defines the term as "airing of sound signals using radio waves". The term is therefore translated as "radio broadcasting".

[16] Although witthayu thorathat (วิทยุโทรทัศน์) literally translates "television radio", Samnak-ngan Ratchabandittayasapha (2013) defines the term as "airing of television signals using radio waves". The term is therefore translated as "television broadcasting".

[cv-17] 17.0 ^17.1 Literally, "changing the form anew", which can also refer to reshaping, reforming, deforming, etc.

[18] Literally, "setting the order anew", which can also refer to reorder, rearrangement, etc.

[19] Literally, "organising, arranging musically, or changing the lyrics or melody anew".

[dps-20] 20.0 ^20.1 ^20.2 ^20.3 ^20.4 Disposing or allotting of, as by gift or sale. Samnak-ngan Ratchabandittayasapha (2013) defines chamnai (จำหน่าย) as "to sell, to allot, to give, to exchange, to assign; to remove, to take out".

[21] Written as a noun in the original Thai text.

[22] Literally, "replicated copies"

[23] Literally, "methods of using or producing a work". "Producing a work" here can also be translated as "carrying out a work" or just "working".

[24] Since the Thai text does not employ punctuation, this can also be translated as "scientific or mathematical concepts, principles, discoveries, or theories".

[25] In fact, both rabiap (ระเบียบ), here translated as rule(s), and khobangkhap (ข้อบังคับ), here translated as regulation(s), are generally translated the same, as rule(s). Samnak-ngan Ratchabandittayasapha (2013) defines rabiap as "norm established as a guide of conduct or action" and khobangkhap as "rule or standard with which persons concerned are required to comply".

[26] In practice, prakat (ประกาศ) is referred to by various names, such as announcement, proclamation, notification, notice, etc. Samnak-ngan Ratchabandittayasapha (2013) defines prakat as (1) information given for general knowledge, such as notice of a temple, notice of a company; (2) information given by an official agency to the public for their knowledge or as a guide of conduct, such as royal proclamation, ministerial announcement, announcement of the Office of the Prime Minister.

[27] In practice, khamsang (คำสั่ง) is referred to by various names, such as order, directive, direction, instruction, mandate, etc.

[tb-28] 28.0 ^28.1 ^28.2 Thabuang (ทบวง), here translated as bureau, is defined by Samnak-ngan Ratchabandittayasapha (2013) as a "central government agency which has juristic personality and is higher in status than department. There are two types of thabuang, namely, thabuang whose status is equivalent to a ministry, and thabuang whose status is lower than ministry and which is affiliated with the Office of the Prime Minister or with a ministry." At present, although there are some agencies whose names in English bear the word bureau, there are no longer thabuang.

[29] In practice, khamphiphaksa (คำพิพากษา) is referred to by various names, such as judgment, sentence, award, etc.

[30] The term khamsang (คำสั่ง) here, which is generally translated as order, perhaps specifically refers to an order issued by a judicial officer or body. Moreover, a judicial work called khamsang is, in practice, referred to by various names other than order, such as injunction, mandate, decree, writ, etc.

[31] Khamwinitchai (คำวินิจฉัย) can be translated variously, such as adjudication, decision, ruling, etc. Ruling is used here because it seems to be the term actually used by the judiciary of Thailand, as seen on the website of the Constitutional Court which refers to its khamwinitchai as ruling.

[32] Although rai-ngan (รายงาน) is generally translated as report in English, there are works which are called rai-ngan in Thai but are not referred to as reports in English, such as rai-ngan kanprachum (รายงานการประชุม), or meeting minutes, and rai-ngan krabuan phicharana (รายงานกระบวนพิจารณา), or judge's notes.

[33] The Thai phrase tang tang (ต่าง ๆ) means "various" and can be used just for marking the plurality of a noun. So, sing tang tang (สิ่งต่าง ๆ) can be translated "the various things" or just "the things".

[hd-34] 34.0 ^34.1 It is noteworthy that the term phumi (ผู้มี; "one who has, one who holds, one who possesses") is used here, instead of chaokhong (เจ้าของ; "owner") as in the other places.

[35] Literally, "such juristic person must be a juristic person set up in accordance with Thai law".

[36] Samnak-ngan Ratchabandittayasapha (2013) defines pha-nak-ngan (พนักงาน) as "person having the duty to perform a work".

[37] The Civil and Commercial Code, section 575 (Phra Ratchakritsadika..., 1929, p. 36), provides: "As regards a hire of service, it is a contract by which a person, called the employee, agrees to carry out a work for another person, called the employer, and the employer agrees to provide remuneration throughout the time the work is carried out for him." Hire of service is the English name of such a contract, according to Samnak-ngan Ratchabandittayasapha (2016), although the Thai name literally translates "hire of labour".

[38] The Civil and Commercial Code, section 587 (Phra Ratchakritsadika..., 1929, p. 40), provides: "As regards a hire of work, it is a contract by which a person, called the hired, agrees to carry out for another person, called the hirer, a particular work until its completion, and the hirer agrees to provide remuneration for the completion of the work so carried out." Hire of work is the English name of such a contract, according to Samnak-ngan Ratchabandittayasapha (2016), although the Thai name literally translates "hire for making a thing".

[hld-39] 39.0 ^39.1 ^39.2 ^39.3 It is noteworthy that the term mi (มี; "to have, to hold, to possess") is used here, whilst pen chaokhong (เป็นเจ้าของ; "to be the owner [of]; to own") is used in most of this document.

[40] Literally, "work that has been adapted".

[tf-41] 41.0 ^41.1 Literally, "and [one] may transfer [the right(s)] to [another] by having a time prescription or throughout the term".

[scs-42] 42.0 ^42.1 The passing of property upon death.

[43] Literally, "in the work as said".

[44] Literally, "the calendar year ending day of that year".

[45] Literally, "whether in relation to the sound and/or the picture".

[46] Literally, "the people".

[exam-47] 47.0 ^47.1 Testing of knowledge and skill (as of pupils or candidates).

[48] Klao (กล่าว), here translated as quoting, is defined by Samnak-ngan Ratchabandittayasapha (2013) as follows: telling, informing, enlightening; saying, speaking, uttering; expressing, showing, manifesting; singing, chanting; proposing (making an offer of marriage); entering into marriage.

[49] Literally, "the conduct, in the following cases, to a computer program".

[mdl-50] 50.0 ^50.1 Act or instance of making a model.

[51] Pracham (ประจำ), here translated as fixed, is defined by Samnak-ngan Ratchabandittayasapha (2013) as follows: not changing or varying, invariable; constant, perpetual; regular, usual; customary, habitual; specific (for), particular (to).

[52] Literally, "the transmission of the sound and picture of or communication to the public from a performance recording which has already been recorded".

[53] Literally "managing as to".

[cy-54] 54.0 ^54.1 ^54.2 Literally, "the calendar year ending day of the year".

[55] The statement here is quite confusing, or there might be some typographical error. It literally translates "to use the copyright in the making of a translation in the Thai language or the reproduction of copies [or 'the reproduction or copying'?] of a work which has been printed[,] a work of translation in the Thai language as said".

[56] Literally, "in that country".

[57] Chai-ngan (ใช้งาน) can be considered to have a literal meaning, "to use the work", or to just mean "to use", "to put to use", or "to utilise". Thus, the phrase above can mean either (1) "associations of users of works [which are subject to] copyright or performer's rights" or just (2) "associations of users of copyright or performers' rights".

[58] Literally, "still have term of office".

[59] Literally, "the deciding of a meeting, a majority of votes shall be adhered to".

[60] In this Act, the terms ongkon (องค์กร) and ongkan (องค์การ) are used. Linguistically, ongkon was coined for organ (body of an organisation that carries out a certain function); and ongkan, for organisation. However, in the fourth amendment, the term ongkon appears to be used for entity, a term in the Marrakesh Treaty. Therefore, the term ongkon here is also translated as entity for consistency.

[61] Literally, "for supplementing [its] consideration".

[62] This literally translates "the works which have the copyright of an author and the rights of a performer". So, it can be considered to mean (1) the works which are subject to the copyright of an author and[/or] to the rights of a performer; (2) the copyrighted works of an author and the rights of a performer.

[63] Samnak-ngan Ratchabandittayasapha (2013) defines ra-ngap (ระงับ) as "to abate, to pacify".

[64] Literally, "the part that is beyond".

[65] According to Samnak-ngan Ratchabandittayasapha (2013), the settlement of a criminal case, known as priapthiap (เปรียบเทียบ) in Thai, is an act by which an inquiry official or competent official under any law imposes an amount of fine on the criminal in that case as permitted by the law, of which the payment results in the termination of the case.

[66] 1931 CE.

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Translation:Copyright Act, 2537 BE

Notes[edit]

Bibliography[edit]

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