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Copyright Authorship — Employment vs Commissioned Work
Software Engineer v Former Employer
Composite summary — not a single reported case. This entry distils a settled line of Thai Supreme Court (Dika / ฎีกา) authority for legal education. It is not a transcript of one reported judgment, and the heading is not a citable case number. Do not cite it as specific case law — consult a Thai-qualified lawyer for the authoritative Dika number and current application.
Facts
Engineer claimed copyright over software developed during employment; employer asserted ownership.
Legal Issue
Whether copyright in software created during employment vests in the employer or employee under Copyright Act B.E. 2537 §10.
Holding
Supreme Court line confirms that under Copyright Act §10, copyright in works created during employment in the course of employment duties vests in the employer absent contrary written agreement.
Reasoning
§10 establishes the employer-ownership default; commissioned-work scenarios under §11 are distinct and may require written assignment.
Significance
Crucial for tech sector; employers should document scope of duties.
Practical Takeaway
Employers should clearly define employee duties; freelance/commission engagements need written assignment.
Cited Statutes
- Copyright Act B.E. 2537 §10, §11
This entry summarises a representative line of authority from the Thai Supreme Court (ฎีกา). It is intended for general legal education only and is not a substitute for advice from a Thai-qualified lawyer. Individual Dika case numbers are being verified against primary sources; until then these entries are presented as composite doctrinal summaries.
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