Volume 132, Number 6A
Royal Gazette
5 February 2558
In the event that the service provider is not the person controlling, initiating, or ordering the commission of the infringement of copyright in his computer system and he has already complied with the order of the court under paragraph 4, he is not required to be liable for the act claimed to constitute the infringement of copyright, which took place before the court gave the order and takes place after the order of the court expires.
The service provider is not required 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 section 51/1:
“Section51/1.A performer has the right to present himself as the performer of his own performance and has the right to prevent the transferee of a performers’ 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, his heir has the right to institute an action for enforcing such right [at any time] throughout the term of protection of the performers’ 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Section6.The text of section 53 of the Copyright Act, 2537 BE shall be repealed and replaced by the following text: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.Sections 32, 32/2, 32/3, 33, 34, 36, 42, and 43 shall apply mutatis mutandis to the performers’ rights.”
Section7.The following text shall be inserted in the Copyright Act, 2537 BE as Chapter 2/1: Rights management information and technological protection measures, sections 53/1, 53/2, 53/3, 53/4, and 53/5:
“Chapter 2/1
Rights management information and technological protection measures
Section53/1.Removal or alteration of rights management information with the knowledge that such an act would encourage, originate, facilitate, or conceal infringement of copyright or performers’ rights shall be deemed to be infringement of rights management information.
Section53/2.Whoever, knowing that a copyrighted work or a copy of such work has undergone removal or alteration of rights management information, conducts any of the following acts upon such work, shall also be deemed to commit infringement of rights management information:
(1)bringing or ordering to be brought into the Kingdom for distribution;
(2)communicating to the public.
Section53/3.The conduct of any of the following acts shall not be deemed to be infringement of rights management information:
