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copyright

Mar 12, 20253 min read

Tldr

copyright = the exclusive right to perform any act according to the copyright act to their work (e.g. reproduce, adopt, broadcast)

copyright

Definition

  • copyright: the exclusive right to perform any act according to the copyright act to their work (e.g. reproduce, adopt, broadcast)
  • author: a person who makes or creates any work which is a copywright work.
  • literary work: any kind of literary work such as books, … speeches and computer programs.
  • computer program: a set of instructions or anything used with a computre to make the computer perform its functions.
  • musical work: song, melody and lyrics.
  • audiovisual work: series of images recorded on any kind of medium.

Copyrightable (Thai copy right act section 6)

such as

  • literary works
  • namely
  • dramatic works
  • artistic work
  • …
  • scientific or artistic field regardless of method or form in which such works are expressed

Non-copyrightable (Thai copy right act section 7)

  • news of the day and facts, mere information, which are not workiss in the literary, scientific or artistic field;
  • the constitution and legislation;
  • regulations, rules, notifications, official correspondence …
  • judgments, orders, judicial decisions, and official reports;
  • translations and compilations of above subsection which are commissioned by government.

copyright owner shall have the exclusive right to:

  1. reproduction and adaptation;
  2. communication to the public;
  3. rental of the original or copies of a computer program, an audiovisual work…
  4. giving benefits accruing from copyright to other persons;
  5. licensing the exclusive rights (1) to (3) to other persons;

copyright owner may assign his copyright to other persons. The assignment shall be in writing and signed by the assignor and the assignee.

Infringement

Section 30:

Unauthorized actions against a copyrighted computer program are considered copyright infringement if they involve:

  1. Reproduction or adaptation.
  2. Public communication.
  3. Rental of the original or copies.

Section 32 (exception):

Actions against another person’s copyrighted work are not considered infringement if they do not interfere with the normal use or harm the legitimate interests of the copyright owner. Exceptions include:

  1. Research or study (non-profit).
  2. Personal use or use by family and close relatives.
  3. Criticism, review, or recommendation with credit to the copyright owner.
  4. News reporting with credit to the copyright owner.
  5. Use in judicial or official proceedings.
  6. Educational use by teachers (non-profit).
  7. Reproduction or summary for students by a teacher or institution (non-profit).
  8. Use in exams as part of questions and answers.

Section 35 (exception):

certain actions involving a copyrighted computer program are not considered infringement if they are non-profit and comply with Section 32:

  1. Research or study.
  2. Use for the benefit of the program’s lawful owner.
  3. Criticism, review, or recommendation with credit to the copyright owner.
  4. News reporting with credit to the copyright owner.
  5. Copying for maintenance or loss prevention by the lawful owner.
  6. Use in judicial or official proceedings.
  7. Use in exams.
  8. Necessary adaptation for use.
  9. Copying for reference or research in the public interest.

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