Page:พรบ ลิขสิทธิ์ พศ ๒๕๓๗.pdf/3

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Volume 111, Issue 59A
Page 3
Royal Gazette

21 December 2537

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[1] 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"[2] means a work which consists of a sequence of pictures recorded onto an object[3] 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[3] 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[3] 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,[4] or[5] person who makes gestures, sings, makes utterances, does dubbing, or performs according to a script or in any other manner;

"broadcast"[6] means a work which is issued to the public by transmission of sound through radio broadcasting,[7] transmission of sound and picture through television broadcasting,[8] 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,[9] 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. Cite error: Invalid <ref> tag; no text was provided for refs named pl
  2. Literally, "audiovisual material"
  3. 3.0 3.1 3.2 Literally, "material".
  4. 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.
  5. Originally, "and".
  6. Literally, "work of sound transmission, picture transmission"
  7. 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".
  8. 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".
  9. Literally, "changing the form anew", which can also refer to reshaping, reforming, deforming, etc.