Page:พรบ ลิขสิทธิ์ (ฉ ๒) พศ ๒๕๕๘.pdf/3

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In the event that the service provider is not the person controlling, initiating, or ordering the infringement of the copyright in the computer system of the service provider, and the service provider has already complied with the order of the court under paragraph 4, the service provider needs not to be liable for the act claimed to constitute the infringement of the copyright, which takes place before the court gives the order and after the order of the court expires.

The service provider needs not to be liable for any damage arising from his compliance with the order of the court under paragraph 4."

Section5.The following text shall be inserted in the Copyright Act, 2537 BE, as its section 51/1:

"Section51/1.A performer does have the right to present himself as the performer of his own performance and has the right to prevent the transferee of a performer's right or any other person from misrepresenting, reducing, adapting, or doing any other thing to such performance to the extent that causes injury to the good name or credit of the performer, and once the performer has died, the heir of the performer has the right to institute [at any time] throughout the term of protection of the right of the performer an action for enforcing such right, save where a different agreement has been adopted in writing."

Section6.The text of section 53 of the Copyright Act, 2537 BE, shall be repealed and replaced by the following text:

"Section53.Section 32, section 32/2, section 32/3, section 33, section 34, section 36, section 42, and section 43 shall apply mutatis mutandis to the performers' rights."

Section7.The following text shall be inserted in the Copyright Act, 2537 BE, as its Chapter 2/1 Rights management information and technological protection measures, section 53/1, section 53/2, section 53/3, section 53/4, and section 53/5:

"Chapter 2/1
Rights management information and technological protection measures

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Section53/1.The removal or alteration of [any] rights management information with the knowledge that such an act would encourage, originate, facilitate, or conceal an infringement of a copyright or performer's right shall be deemed to be an infringement of the rights management information.

Section53/2.Whoever, knowing already that a copyrighted work or a copy of such work has undergone the removal or alteration of [any] rights management information, conducts any of the following acts upon such work, shall also be deemed to commit an infringement of the rights management information:

(1)bringing or ordering to be brought into the Kingdom for disposal;^[1]

(2)communicating to the public.

Section53/3.The conduct of any of the following acts shall not be deemed to be an infringement of the rights management information:

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