Volume 111, Issue 59A
Royal Gazette
21 December 2537
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[1] 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[2] 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[2] 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[2] 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[3] 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.
