Copyright Infringement and Educational Exceptions in Thailand: What Should Be the Solution to the Problem of Copyright Infringement in the Thai Education Sector?
WIPO-WTO Colloquium Papers: Research Papers from the WIPO-WTO Colloquium for Teachers of Intellectual Property Law, pp. 133-151, 2011
22 Pages Posted: 21 Aug 2012 Last revised: 24 Jun 2014
Date Written: February 20, 2012
Copyright infringement in Thailand is closely related to inappropriate and vague exceptions for educational purposes provided for in the Thai Copyright Act (CA) 1994, which makes the law ineffective and fails to adequately protect copyright owners' exclusive rights. This paper recommends that the following steps be taken to address these issues: firstly, the educational exception provisions in the Thai CA 1994 should be amended to be more restrictive and limited; and secondly, the establishment of a Copyright Collecting Society (CCS) and licensing scheme system in the Thai education sector should be completed together with the introduction of a regulation and a governmental body to prevent the CCS from abusing its powers in an anticompetitive way. Several lessons drawn from the Thai experience will be outlined as they may be useful for policymakers and researchers in other countries.
Keywords: copyright, educational exceptions, copyright infringement, copyright collecting society, Thailand
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