Page:พรบ กรรมสิทธิ์ผู้แต่งหนังสือ รศ ๑๒๐.pdf/1

From Wikisource
Jump to navigation Jump to search
This page has been proofread, but needs to be validated.
Volume 18, Page 286
Royal Gazette
Dated 18 August 120

Seal of the royal edict of the monarch of Siam
Seal of the royal edict of the monarch of Siam

Rights of Author[1]
Act

By Phra Bat Somdet Phra Paramin Maha Chulalongkorn Phra Chunlachomklao Chaoyuhua,[2] a great royal command has been issued declaring to all that it be announced for general information as follows: Nowadays, when certain people have made their efforts to compose writings with their own intelligence and wisdom and published them to produce some benefits, there often happens to be, if any of those writings could be distributed in a large quantity, someone else daring enough to print that writing for sale without authorisation, causing ruin to the benefits which should devolve upon the author by all rights. Repeatedly has this happened, and such an incident as this is, in most countries, suppressed by the law which prevents others from reproducing or publishing writings without permission of their authors. Entertaining an opinion that there should be established in his Kingdom an Act for protecting and safeguarding the benefits of the authors in line with fairness, His Majesty is graciously pleased[3] to enact the following Act henceforth:

Chapter 1. Of the name
and the schedule for the coming into force of the Act.

Section1.This Act shall bear the name of the "Rights of Author Act, 120 RE".[4]

Section2.This Act shall come into force from the date of its proclamation onwards.

Chapter 2. Of the rights of author.

Section3.When anyone has composed certain writings which make up a book or which merely form part of a book, that one shall, if he has correctly complied with the provisions of this Act, enjoy the rights of author in those writings he has composed, as if they were his own items of possessions.

Section4.The person enjoying the rights of author in any writing has the exclusive power to print, to copy, to translate into a different language, and to distribute or sell the writing in respect of which he enjoys the rights of author. No one else can print, copy, translate into a different language, or distribute or sell such writing without having obtained permission from the person enjoying the rights of author.

Section5.The rights of author shall remain throughout the lifetime of the author of the writing and shall continue to remain for seven more years as from the date of the author's death. But if the duration of the rights of author in any writing, reckoned from the date of the author's death to the end of the seventh year after the author's death, does not yet amount to a total of 42 years, then the rights of author shall continue to remain until [the duration] adds up to a total of 42 years as from the date of acquisition of the rights of author in such writing, following which shall the term of the rights of author terminate.

Section6.If, in respect of any writing, the author dies prior to acquiring the rights of author, and if his heir brings [the writing] before [the officer] and applies for the rights of author within the period of 12 months

  1. Literally, "ownership of composers of writings"
  2. King Chulalongkorn of Siam.
  3. Literally, "bearing divine grace, pleasing the heads [of all the people]". See Note 3 also.
  4. Corresponding to 1901 CE. The Rattanakosin Era, abbreviated as RE (sometimes found abbreviated as RS, from Thai Rattanakosin Sok), is a historical calendar used in Siam and refers to the era of the Rattanakosin Kingdom. As decreed by King Chulalongkorn (Prakat hai chai wan yang mai, 1888, p. 455), each year under this calendar begins on 1 April. So, 120 RE fell between 1 April 1901 CE and 31 March 1902 CE.