Right Management Information (RMI) and Its Role in Protecting Moral Rights in the Digital Environment: What Should Be the Appropriate Approach for the Protection of RMI in Thailand in the Light of the Prospective Thailand-United States Free Trade Agreement (FTA)?
Computer and Telecommunications Law Review (CTLR), Volume 20, Issue 5, page 145-161
21 Pages Posted: 8 Sep 2014 Last revised: 18 Aug 2016
Date Written: August 1, 2014
This article indicates that copyright products fixed in tangible objects such as books or CDs do not have a problem with moral right because s.18 of the Thai Copyright Act (CA) 1994 provides for the protection for moral rights in the general context. However, there is no provision which can directly prevent the removal and alteration of the information about the author and the works contained in the digital products, so Thailand needs provisions on the protection of the Right Management Information (RMIs), which can function together with the moral right provision in s.18 and the provisions on copyright infringement. In this vein, the introduction of RMI provisions into the Thai CA 1994 is very necessary for the distribution of digital copyright products in terms of supporting the protection of moral rights and tracking down infringers in the digital environment. This is because RMIs contain information about the author, the copyright owners and works which is very important for distributing copyright works in the digital environment. Thus, in order to protect moral rights in digital context effectively, the provisions on the protection of RMIs must be inserted into the Thai CA 1994. This article also proposes that the RMI provisions in the US Free Trade Agreement (FTA) can be used as a model for Thailand because *146 although the standard of the RMI provisions contained in this FTA is lower than that of the Digital Millennium Copyright Act of the US, it seems to meet the minimum standard of the RMI protection under the WIPO Copyright Treaty (WCT). However, if Thailand is going to follow the approach on the RMI protection in the FTA, this article recommends that some changes can be made to such provisions in order to allow them to function more effectively.
Keywords: Bilateral trade agreements; Comparative law; Copyright; Digital rights management; Moral rights; Thailand; United States
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