The Development of the Provisions on the Protection of Technological Protection Measures (TPMs) in the Light of the Prospective Thailand-United States Free Trade Agreement (FTA) and Its Possible Impacts on Non-Infringing Uses under Copyright Exceptions in Thailand: What Should Be the Solution for Thailand?
Computer and Telecommunications Law Review (CTLR), 2013, Issue 1, page 21-43.
24 Pages Posted: 15 Jan 2013 Last revised: 14 Nov 2014
Date Written: October 19, 2012
This article considers the challenges to the digital copyright protection in Thai education sector in the light of the prospective Thailand-United States Free Trade Agreement (FTA). It indicated that the introduction of digital copyright provisions on the protection of Technological Protection Measures (TPMs) into the Thai copyright system is necessary in order to ensure that educational materials can be made readily available online for education purposes with appropriate protection. This can protect the economic interests of copyright owners in the digital environment by ensuring that only authorised persons access educational materials, not the public in general. Nevertheless, it outlines the possible impacts which may result from the implementation of the TPMs provisions contained in the prospective Thailand-US FTA as well as illustrating that the exceptions to the protection of the TPMs under the US FTAs are not enough to prevent impact on non-infringing uses under copyright exceptions. Therefore, it is also necessary to ensure that non-infringing uses for educational purposes provided in the copyright exceptions of the Thai Copyright Act 1994 (CA 1994) should be exempted from the violation of the prospective TPM provisions. It concludes that the prospective TPM provisions and exceptions should develop alongside the non-infringing uses under the copyright exceptions of the Thai CA 1994.
Keywords: Technological Protection Measures, Free Trade Agreement, Copyright Exceptions, Non-Infringing Uses, Copyright in Thailand
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