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Copyright Act Section 32 — Exceptions to infringement (not 'fair use')
Copyright Act (พระราชบัญญัติลิขสิทธิ์) — Section 32.
Plain-English Summary
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.
Official Text
Official Thai text at the Royal Gazette / Office of the Council of State. Translation summary only.
Consult official sourceParent Statute
Copyright Act
พระราชบัญญัติลิขสิทธิ์ · B.E. 2537 (1994)
The Copyright Act B.E. 2537 (1994) protects creative works of a creator in the literary, dramatic, artistic, musical, audiovisual, cinematographic film, sound recording and broadcast categories, or any other work in the literary, scientific or artistic domain (Section 6). Computer programs are part of 'literary work' (Section 4). A creator owns the copyright in the work they create, subject to conditions on nationality or residence, or on the place of first publication (Section 8). The Act contains no registration provision. In court, the plaintiff is presumed to own the work sued on unless the defendant disputes that anyone owns the copyright or disputes the plaintiff's right (Section 62). The Minister of Commerce administers the Act (Section 5).
The summary above is a plain-English educational paraphrase of Section 32 of the Copyright Act. It is not an authoritative translation. For the binding Thai text, consult the Royal Gazette or the Office of the Council of State. Educational use only — not a substitute for advice from a Thai-qualified lawyer.
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