Haris & Associates Phuket Thailand Legal Blog

Just like other countries, copyright infringement is a criminal offense in Thailand under the Copyright Act of B.E. 2537 (1994). Anyone who is proven to have committed such a crime for commercial purposes can be punished with a prison term. However, he or she is entitled to be represented by a Thailand Lawyer.

To be able to understand the Copyright Infringement Law in Thailand, here are some basic facts.

What is copyright work?

By virtue of the Copyright Act B.E. 2537 (1994), copyright works are works of authorship that fall under any of the following categories:

• Literary
• Dramatic
• Artistic
• Musical
• Audiovisual
• Cinematographic
• Sound recording
• Sound and video broadcasting
• Any other works in the scientific, artistic and literary domain

This means that the protection of an author’s copyright does not extend to any idea, process, procedure, method or system of use or operation or principle, discovery, concept or scientific or mathematical theory.

The following are not considered copyright works by virtue of this Act:

• News of the day or facts, which may not be considered a literary, scientific or artistic work
• Decisions, rulings, orders and official reports that are judicial in nature
• Announcements, regulations, orders, rules, explanations and official correspondence of the Ministries, Departments or any other government or local units

 

How is copyright acquired?

The author is the owner of the copyright in the work of authorship based on the following conditions:

In the case of unpublished work, the author must be a Thai national or is residing in Thailand, or be a national or are residing in a country that is a member of the Convention for the protection of copyright of which Thailand is also a member, provided that the author’s residence must be at all times or most of the time spent creating the work;

• In the case of published work, the first publication must be made in Thailand or in a member country of the Convention for the copyright protection of which Thailand is also a member, or in the case that the first publication was made outside Thailand or in a non-member country, if the publication of the said work is subsequently made in Thailand or in a member country within thirty days from the first publication, or the author possesses the qualifications prescribed in the first condition at the time of the first publication.
• In the case that the author is a Thai national or is a juristic person, it must be established under Thai law.

To further understand the implications of Thai Copyright Infringement Law, it helps to speak to a Thai criminal law attorney.