Copyright Exceptions for Educational Institutions in Thailand: Is it Time for Law Reform?
International Review of Intellectual Property and Competition Law (IIC), Volume 44, Number 7, pp. 765-789, 2013
25 Pages Posted: 6 Apr 2014 Last revised: 17 Aug 2016
Date Written: November 1, 2013
This article demonstrates that the copyright exceptions for educational institution are an obstacle to the development of lifelong learning and long-distance education in Thailand as well as preventing the use of digital technology in the Thai educational sector. This is because they only allow the distribution of the educational materials by teachers and educational institution to be done in a class or in an educational institution, so they cannot cover the situation where the institutions distribute such materials to long-distance learning students via electronic means outside the institutions. Thus, this article proposes that the exception for educational institutions need to be reformed in order to support the policy of long-distance education and lifelong learning of the Thai government. However, it also argues that the proposed changes recommended in this article, which extends the scope of the current exceptions to cover the distribution of educational materials outside classroom for long-distance education must be carried out together with the introduction of some additional measures, which can ensure that such change will only have a limited impact on the incentives for creativity and the economic interests of copyright owners.
Keywords: exception for educational institution; copyright exception in Thailand; copyright infringement; copyright collecting societies; exception and long-distance learning; exception and digital technology
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