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Copyright Act Section 62 — Presumption of ownership and civil remedies
Copyright Act (พระราชบัญญัติลิขสิทธิ์) — Section 62.
Plain-English Summary
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.
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 62 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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