Copyright Exceptions for Research, Study and Libraries in Thailand: What Should Be Developed and Reformed in Order to Improve the Copyright Protection Regime?
Thailand Journal of Law and Policy, Volume 17, 2014 Issue 1 (Spring: January to June), page 1 - 15, 2014
60 Pages Posted: 25 Jun 2014 Last revised: 28 Jun 2014
Date Written: February 20, 2014
This article considers the problem in the Thai education sector which arises from the inappropriate and unclear educational exceptions under the Thai CA 1994. The major problem is that the copyright law and its exceptions cannot effectively protect the economic interests of copyright owners and provide incentive for creativity. This article identifies several factors which make the Thai copyright law and its exceptions ineffective in protecting the economic interests of copyright owners: 1) the unclear educational exceptions and 2) the problematic approach of the Thai Court. This article contends that in order to solve these problems, it is necessary to make the exceptions more restrictive and limited than at present. Several changes need to be made to the exceptions in the Thai CA 1994 in order to make them more restrictive. First, the two conditions in section 32 paragraph 1, which come from the three-step test in Article 13 of the TRIPs Agreement and Article 9(2) of the Berne Convention, should not be applied as a general exception and should be removed from the law, because this is the cause of ambiguity and uncertainty about the exceptions as a whole. Second, a clear limitation on the amount of reproductions and a clear prohibition on multiple reproductions should be inserted into the educational exceptions in the list of permitted acts and the specific exception for library use. Third, a guideline for education which can reflects the interests of all interested parties should be formulated together with the improvements of the educational exceptions. Finally, the requirement of sufficient acknowledgement should be inserted into the copyright exception for research in order to ensure that the moral rights to be acknowledged as an author will be recognized.
Keywords: copyright exceptions, copyright law in Thailand, exception for research and study, exception for libraries
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