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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 Do not cite it as specific case law — consult a Thai-qualified lawyer for the authoritative Dika number and current application.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 (1994) §9.
Holding
Supreme Court line confirms that under Copyright Act §9, the employee who creates a work in the course of employment owns the copyright unless a written agreement provides otherwise; the employer is entitled to communicate the work to the public for the purpose of the employment.
Reasoning
§9 establishes the employee-ownership default (with the employer's right to communicate the work to the public for the employment purpose); commissioned-work scenarios under §10 are distinct, where the commissioner who pays owns the copyright unless otherwise agreed.
Significance
Crucial for tech sector; employers who want to own employee-created software should secure a written agreement, as ownership does not pass to them by default.
Practical Takeaway
Employers should include a written copyright-ownership clause in employment contracts and define employee duties; freelance/commission engagements should also document ownership in writing.
Cited Statutes
- Copyright Act B.E. 2537 (1994) §9, §10
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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