Page:พรบ ลิขสิทธิ์ พศ ๒๕๓๗.pdf/18

From Wikisource
Jump to navigation Jump to search
This page has been proofread, but needs to be validated.

Volume 111, Issue 59A
Page 18
Royal Gazette

21 December 2537

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[1] as necessary.



Section61.The copyrighted works of an author and the rights of a performer[2] 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.



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


  1. Literally, "for supplementing [its] consideration".
  2. 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.