The Development of the Copyright Exception in Thailand: Where Has It Come From, Where is It Now Under the Thai Copyright Amendment Act 2015, and Where is It Heading?

European Intellectual Property Review (EIPR), Volume 38, Issue 10, page 620-632, 2016

16 Pages Posted: 13 Dec 2017 Last revised: 26 May 2020

Date Written: October 20, 2016

Abstract

This article considers the past, present, and future development of copyright exceptions in Thailand. It indicates that several new exceptions were inserted into the Thai Copyright Act 1994 by two Copyright Amendment Acts in 2015, while WIPO Copyright Treaty and copyright provisions in the prospective FTAs with the EU and the US might pay an important role in future development.

This article considers the development of copyright exceptions in Thailand. It indicates that this development is closely related to the copyright law of the United Kingdom (UK) because in the past the Thai government used the UK copyright laws as a model for the Thai copyright laws. In 2015, two Copyright Amendment Acts made some changes to the Thai Copyright Act 1994 by adding several new exceptions such as the exhaustion exception, temporary reproduction exception, and disabled persons exception. The Amendment Act also ensures that unauthorized recording of sounds or images of cinematographic works in the movie theatres cannot be exempted under the exception for private use under the Thai Copyright Act 1994. At the end, the article demonstrates that the WIPO Copyright Treaty 1996 and some copyright provisions in the prospective Free Trade Agreements with the European Union and the United States could potentially pay an important role in the future development of the Thai copyright law and its exceptions.

Keywords: Copyright, Disabled access, Exhaustion of rights, Fair dealing, Intermediate copies, Legal history, Thailand

JEL Classification: K29, K33

Suggested Citation

Supasiripongchai, Noppanun, The Development of the Copyright Exception in Thailand: Where Has It Come From, Where is It Now Under the Thai Copyright Amendment Act 2015, and Where is It Heading? (October 20, 2016). European Intellectual Property Review (EIPR), Volume 38, Issue 10, page 620-632, 2016, Available at SSRN: https://ssrn.com/abstract=3085424

Noppanun Supasiripongchai (Contact Author)

University of Phayao - School of Law ( email )

No.19, Village 2, Maeka
Muang, Phayao 56000
Thailand

HOME PAGE: http://www.law.up.ac.th/

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