Copyright law in Thailand

As defined, a copyright is a form of protection for the creators of “original works of authorship” including literary, dramatic, musical, artistic, and other intellectual works, both published and unpublished. A copyright protects the form of expression rather than the subject matter of the work.

Types of Work that can be Protected by Copyright in Thailand

Copyright is used to protect a wide range of subject matters including these works:

1. Literary works including computer software

2. Dramatic works – dancing, pantomimes and choreographic works

3. Works of art, including pictorial, graphic, architectural and sculptural   works

4. Musical works – the score and lyrics of a song

5. Sound recordings – CDs

6. Audiovisual works – VCD, DVDs

7. Motion pictures

8. Broadcasting works

9. Other works in literary, scientific or artistic fields

However, copyright law only protects the way ideas or concepts are expressed in a particular work. The law does not protect facts or information whether it is scientific, historical, biographical or news, but only the manner in which such facts or information is expressed, selected or arranged.

Exclusive Rights under Thai Copyright Law

Copyright law gives the creator of a work a diverse bundle of exclusive rights over his work for a limited (but substantial) period of time. These rights enable an author to control the economic use of his work in a number of ways so that he may, if he wishes, receive payment. Moreover, copyright law also provides “moral rights,” which protect an author’s reputation and integrity.

Additionally, there are also economic rights which include the exclusive right by the copyright holder to authorize or prohibit certain uses of his work. Unless a copyright owner’s expressed permission has been granted, no one may exercise such economic rights. Generally, economic rights include the exclusive rights to:

(1) Reproduce or adapt a work

(2) Publicly perform and communicate a work to the public

(3) Rent copies of a software, audiovisual works, motion pictures and sound recordings

(4) Give other people permission to exercise the rights in items 1, 2, 3

Know more about your rights and obligations in doing business in Thailand. Contact ThaiLawyers for consultation.