Copyright Act

Section 4 defines the Act's key terms. 'Literary work' expressly includes computer programs. 'Artistic work' covers painting, sculpture, printmaking, architecture, photographs, illustrations and maps, and applied art. The Act also defines audiovisual work, cinematographic film, sound recording and broadcast work. 'Reproduce' includes copying by any method, imitation, making copies or moulds, and sound or image recording, from the original, a copy or a publication, in a substantial part, whether of the whole or a part of the work; 'adapt' includes, for a literary work, translating it. 'Publication' (โฆษณา) means releasing copies made with the creator's consent for distribution so that a reasonable number appear to the public given the nature of the work; performing, lecturing, broadcasting or exhibiting a work is not publication. The section also defines 'service provider', 'rights management information' and 'technological measure', and 'Director-General' means the Director-General of the Department of Intellectual Property.

Protected works are the creative works of a creator in these categories: literary, dramatic, artistic, musical, audiovisual, cinematographic films, sound recordings and broadcast works, or any other work in the literary, scientific or artistic domain, however expressed. Protection does not extend to ideas, procedures, processes, systems, methods of operation, concepts, principles, discoveries, or scientific or mathematical theories.

Five categories are not copyright works: (1) daily news and mere facts that are news information and not work in the literary, scientific or artistic domain; (2) the Constitution and laws; (3) regulations, rules, announcements, orders, clarifications and correspondence of ministries, departments or other state or local bodies; (4) judgments, orders, decisions and official reports; and (5) translations and compilations of items (1) to (4) made by a state or local body.

Section 9: a work created by an employee in the course of employment belongs to the employee-creator unless the parties agreed otherwise in writing, but the employer may release the work to the public for the purpose of the employment. Section 10: a work created under a commission belongs to the commissioner (the person who hired the creator) unless the creator and commissioner agree otherwise. Section 14: a ministry, department or other state or local body owns copyright in works created under its hire, instruction or control unless otherwise agreed in writing.

Subject to Sections 9, 10 and 14, the copyright owner has the exclusive rights to (1) reproduce or adapt, (2) communicate to the public, (3) rent the original or copies of computer programs, audiovisual works, cinematographic films and sound recordings, (4) give the benefit of the copyright to others, and (5) license others to exercise rights (1) to (3), though licence conditions may not unfairly restrict competition. Under Section 17, copyright is assignable in whole or in part; an assignment other than by inheritance must be in writing signed by assignor and assignee, and if no period is stated it is treated as an assignment for ten years.

The creator has the right to be identified as the creator and to prevent an assignee or anyone else from distorting, truncating, adapting or otherwise acting on the work so as to damage the creator's reputation or honour. After the creator's death the heirs may sue to enforce these rights for the whole term of protection, unless otherwise agreed in writing.

Copyright lasts for the creator's life plus fifty years after death, subject to Sections 21 and 22. For joint creators it runs fifty years from the death of the last surviving creator. If all creators died before the work was published, it lasts fifty years from first publication. Where the author is a juristic person, the term is fifty years from creation, or fifty years from first publication if the work is published within that period. Under Section 20, anonymous or pseudonymous works last fifty years from creation, or from first publication if published within that period; where the creator is known, Section 19 applies with the necessary changes. A term that ends mid-year runs to the end of that calendar year (Section 25).

Under Section 21, copyright in audiovisual works, cinematographic films, sound recordings and broadcast works lasts fifty years from creation, or fifty years from first publication if published within that period. Under Section 22, copyright in applied art lasts twenty-five years from creation, or twenty-five years from first publication if published within that period. Under Section 23, works created under the state's hire, instruction or control (Section 14) last fifty years from creation, or from first publication if published within that period.

Doing either of these to a copyright work without a licence under Section 15(5) is infringement: (1) reproducing or adapting it, or (2) communicating it to the public. Sections 28 to 30 apply the same acts, plus renting the original or copies, to audiovisual works, films and sound recordings (Section 28) and to computer programs (Section 30). For broadcasts the infringing acts are making a recording or work from the broadcast, rebroadcasting it, and charging the public to hear or watch it (Section 29). Section 28/1 makes it infringement to record a film inside a cinema during screening.

A person who knows or has reason to know that a work was made by infringing another's copyright commits infringement if, for profit, they sell, hold for sale, offer for sale, rent, offer for rent, sell on hire-purchase or offer on hire-purchase; communicate the work to the public; distribute it in a way that may damage the copyright owner; or bring or order it into the Kingdom.

Section 32 paragraph 1 is a two-limb test: an act on another's work is not infringement if it does not conflict with the owner's normal exploitation of the work and does not unreasonably prejudice the owner's legitimate rights. Paragraph 2, subject to that test, lists acts such as non-profit research or study; personal use or use by the user's family and close relatives; criticism, review or introduction of a work, and news reporting (both with acknowledgement of the owner); acts for court or official proceedings; a teacher's own non-profit teaching; partial copies or summaries by a teacher or school for students, not for profit; and use in examination questions and answers. The Act does not use the term 'fair use'. Separate provisions cover first sale (Section 32/1), technical temporary copies (32/2), access for persons with disabilities (32/4), quotation (Section 33), library copying by librarians (Section 34) and computer programs (Section 35). Only Sections 32/4, 33, 34 and 35 expressly require compliance with the Section 32 paragraph 1 test; Sections 32/1 and 32/2 do not.

Section 62: in civil and criminal cases the work sued on is presumed to be a copyright work and the plaintiff its owner, unless the defendant disputes that anyone owns the copyright or disputes the plaintiff's right, so the presumption is rebuttable. Under paragraph 2, a person whose name appears on a work and who claims to be the copyright owner is presumed to be its creator (or performer). Section 63: an action is barred three years after the owner learns of the infringement and the infringer, and in any case ten years after the infringement. Section 64: the court may award damages in an amount it sees fit, considering the seriousness of the harm and the costs of enforcing the right, plus additional damages of up to twice that amount where there is clear evidence of wilful infringement that made the work widely accessible to the public. Section 65: on clear evidence of actual or imminent infringement the owner may ask the court to order the person to stop.

Primary infringement under Section 27, 28, 29 or 30, or infringement of performers' rights under Section 52, is punishable by a fine of THB 20,000 to THB 200,000. If committed for commercial purposes (เพื่อการค้า) the penalty is imprisonment of six months to four years, or a fine of THB 100,000 to THB 800,000, or both. Section 69/1 gives the same six-months-to-four-years or THB 100,000 to THB 800,000 penalty for recording a film in a cinema under Section 28/1. The Act sets no volume or value threshold; the higher tier turns on commercial purpose.

Secondary infringement under Section 31 is punishable by a fine of THB 10,000 to THB 100,000. If committed for commercial purposes the penalty is imprisonment of three months to two years, or a fine of THB 50,000 to THB 400,000, or both. Section 70/1 punishes breach of rights management information or technological measures (Sections 53/1, 53/2, 53/4, 53/6) with a fine of up to THB 100,000, or, if for commercial purposes, imprisonment of up to two years, a fine of up to THB 400,000, or both. Civil damages are in Section 64, not here.

Two different mechanisms apply. Section 66 makes offences under the Act compoundable (อันยอมความได้), meaning the injured owner can settle. Section 77 separately lets the Director-General of the Department of Intellectual Property settle by administrative compounding (เปรียบเทียบ) the offences under Section 69 paragraph 1, Section 70 paragraph 1 and Section 70/1 paragraph 1, which are the fine-only tiers. Section 73 doubles the penalty for a repeat offence committed within five years after serving a sentence. Under Section 76, half of any fine paid under a judgment goes to the copyright owner, without limiting the owner's civil claim for any excess.