WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects of 
Intellectual Property Rights IP /N/1/THAlC/l 
13 November 2000 
(00-4808) 
Original: English/ 
anglais/ 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
THAILAND 
The present document reproduces the texe of the Copyright Act B.E. 2537 (1994), as notified 
by Thailand under Article 63.2 of the Agreement (see document IP/N/lITHAlI). 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
THAILANDE 
Le present document contient le texte1 de la Loi B.E.2537 (1994) sur le droit d'auteur, 
notifiee par la Thailande au titre de I'article 63:2 de I'Accord (voir le document IP/NIl/THAIl). 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIP ALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL pARRAFO 2 DEL ARTicULO 63 DEL ACUERDO 
TAILANDIA 
En el presente documento se reproduce el texto1 de la Ley del Derecho de Autor de 1994 
(2537 e.b.), notificada por Tailandia en virtud del parrafo 2 del articulo 63 del Acuerdo (vease el 
documento IP/N/lITHAIl). 
1 In English only. The text in the original language is available for consultation by interested 
Delegations at the WTO Secretariat/En anglais seulement. Les delegations interessees peuvent consulter le 
texte dans sa langue d'origine, au Secretariat de l'OMC.lEn ingles solamente. Las delegaciones interesadas 
podnin consultar en la Secretaria de la OMC el texto en su idioma original. IP/N/I/THA/C/l 
Page 2 
COPYRIGHT ACT 
B.E. 2537 (1 994) 
H.M KING BHUMIBOL ADUL YADEJ 
Given on the 9th day of DECEMBER 
B.E. 2537 (1994) 
being the 49 year of the present reign. 
By royal cummand of His Maje:sty King Bhumibol Adulyadej 
it is hereby proclallTIecJ that: 
Where as it IS proper the all1e:nd the: L1W on copyright, 
IT IS HEREBY ENACTED by the King'') ivlost Excellency Majesty With 
the advice and consent of the; f\Jutlonal LC(](JI,Jeure as follows : 
Section 1. Th(s Act shall be cited i3S the CopYrI']ht Act B.E. 2537, 
Section 2. This Act shall comt! Into force at the expiration of ninety 
days from the date of publication In the Government Gazette. 
Section 3. The Copyright Act 8 E. 2521 shall be repealed. 
Section 4. In thiS Act 
-author- means a person who makes or creates any work which 
is a copyright work by virtue of this Act. 
-co~vright- means the exclusive right to do any act according to 
this Act with respect to the work created by the author. IP /N/1/THA/CIl 
Page 3 
-literarv work-means any kind of literary work such as books, pam­
phlets, writings, printed matters, lectures, sermons, addresses, 
speeches, including computer programs. 
-computer pmgram- means instructions, set of instructions or any 
thing which are used with a computer so as to make the compu­
ter work or to generate a result no matter what the computer 
language is. 
-dramatic work-means a work with respect to choreography, dan­
cing, acting or performance in dramatic arrangement, including a 
pantomime. 
-artistic work-means a work of anyone or more of the following 
characters: 
(1) work of painting and drawing which means a creation of con­
figuration consisting of lines, lights, colors or any other things 
or the composition thereof upon one or more materials. 
(2) work of sculpture which means a creation of configuration 
with tangible volume. 
(3) work of lithography which means a creation of picture by 
printing process and includes a printing block or plate used 
in the printing. 
(4) work of architecture which means a design of building or 
construction, a design of interior or exterior decoration as well 
as a landscape design or a creation of a model of building or 
construction. 
(5) photographic work which means a creation of picture with 
the use of image-recording apparatus which allows the light 
to pass through a lens to a film or glass and developed with 
liquid chemical of specific formula or with any process that 
creates a picture or an image-recording with any other appa­
ratus or method. IPIN/1/THA/CIl 
Page 4 
(6) work of illustration. map. structure. sketch or three-dimen 
sional work with respect to geography, topography or science. 
(7) work of applied art which means a work which takes each 
or a composition of the works mentioned in (1) to (6) for 
utility apart from the appreciation in the merit of the work 
such as for practical use of such work. decorating materials 
or appliances or using for commercial benefit. 
Provided that, whether or not the work in (1) to (7) has an 
artistic merit and it shall include photographs and plans of 
such work. 
-musical work-means a work with respect to a song which is 
composed for playing or singing whether with rhythm and lyrics or only 
rhythm. including arranged and transcribed musical note or musical 
diagram 
-audiovisual work-means a work which consists of a sequence 
of visual images recorded on any kind of material and which is 
capable of being replayed with an equipment necessary for such 
material. including the sound track of such work. If any. 
-cinematographic worl<-means an audiovisual work which con­
sists of a sequence of visual images which can be continuously 
shown as moving pictures or can be recorded upon another ma­
terial so as to be continuously shown as moving pictures, includ­
ing the sound track of such cinematographic work. if any. 
-sound rccordinl.l- means a work which consists of sequence of 
music. sound of a performance or any other sound recorded on 
any kind of material and capable of being replayed with an 
equipment necessary tor such material but not including the 
sound track of a cinematographic work or another audiovisual 
work. IP/N/lITHA/C/l 
Page 5 
-performer- means a performer, musician, vocalist, choreographer, 
dancer, and a person who acts, sings, speaks, dubs a translation 
or narrates or gives commentary or performs in accordance with 
the script or performs in any other manner. 
-broadcasting work-means a work which is communicated to 
public by means of radio broadcasting, sound or video broadcast­
ing on television or by any other similar means. 
-reproduction- includes any method of copying, imitation, duplica­
tion, block-making, sound recording, video recording or sound and 
video recording for the material part from the original, copy or 
publication whether of the whole or in part and, as for computer 
program, means duplication or making copies of the program from 
any medium for the substantial part with any method without a 
character of creating a new work whether of the whole or in part. 
-adaptation- means a reproduction by conversion, modification or 
emulation of the original work for the substantial part without a 
character of creating a new work whether of the whole or in part. 
(1) with regard to literary work, it shall include a translation, a 
transformation or a collection by means of selection and arrange­
ment, 
(2) with regard to computer program, it shall include a repro­
duction by means of transformation, modification of the program 
for the substantial part without a character of creating a new 
work, 
(3) with regard to dramatic work, it shall include the transfor­
mation of a non-dramatic work to a dramatic work or a dramatic 
work to a non-dramatic work, whether in the original language or 
a different language, 
(4) with regard to artistic work, it shall include the transforma­
tion of a two-dimensional work or a three-dimensional work to 
a three-dimensional work or a two-dimensional work or the mak­
ing of a model from the original work, IP/N/lITHAIC/l 
Page 6 
(5) with regard to musical work, it shall include an arrangement 
of tunes or an alteration of lyrics or rhythm. 
-communication to public-means making the work available to 
public by means of performing. lecturing. preaching. playing music. 
causing the perception by sound or image. constructing, distri­
buting or by any other means. 
-publication- means the distribution of duplicated copies of a work 
whatever may be the form of character with consent of the author 
where such copies are available to the public at a reasonable 
quantity having regard to the nature of the work provided that 
the performance or play of a dramatic work. a musical work or a 
cinematographic work. the lecture or the recitation of a literary 
work. the sound and video broadcasting of a work. the exhibition 
of an artistic work and the construction of a work of architecture 
shall not constitute publication. 
-officials- means the persons appointed by the Minister to act 
in accordance with this Act. 
-Director General- means the Director General of the Department 
of Intellectual Property and includes the persons designated by 
the Director General of the Department of Intellectual Property. 
-Comminee- means the Copyright Committee. 
-Minister- means the Minister who is in charge of this Act. 
Section 5. The Minister of Commerce shall be in charge of this 
Act and shall be authorized to appoint officials and issue the 
Ministerial Regulations so as to implement this Act. 
The M,inisterial Regulations which have been proclaimed 
in the Government Gazette shall be enforceable. CHAPTER 1 
COPYRIGHT 
PART 1 
COPYRIGHT WORK IP/NIlITHA/CIl 
Page 7 
Section 6. The copyright work by virtue of this Act means a work 
of authorship in the form of literary, dramatic, artistic, musical, 
audiovisual, cinematographic, sound recording, sound and video 
broadcasting work or any other work in the literary, scientific or 
artistic domain whatever may be the mode or form of its expression. 
Copyright protection shall not extend to ideas or proce­
dures, processes or systems or methods of use or operation or con­
cept, principles. discoveries or scientific or mathematical theories. 
Section 7. The followings are not deemed copyright work by virtue 
of this Act: 
(1) news of the day and facts having the character of mere in­
formation which is not a work in literary, scientific or artistic 
domain, 
(2) constitution and legislations, 
(3) regulations, by-laws, notifications, orders, explanations and 
official correspondence of the Ministries, Departments or any 
other government or local units, 
(4) judicial decisions, orders, decisions and official reports, 
(5) translation and collection qf those in (1) to (4) made by the 
Ministries, Departments or any other government or local units. IPINIl/THA/CIl 
Page 8 
PART 2 
ACQUISITION OF COPYRIGHT 
Section 8. The author of a work is the owner of copyright in the 
work of authorship subject to the following conditions: 
(1) In the case of unpublished work, the author must be a Thai 
national or reside in Thailand or be a national of or reside in a 
country which is a member of the Convention on the protection 
of copyright of which Thailand is a member provided that the 
residence must be at all time or most of the time spent on the 
creation of the work ; 
(2) In the case of published work, the first publication must be 
made in Thailand or in a country which is member of the Con­
vention on the copyright protection of which Thailand is a mem­
ber, or in the case the first publication is made outside Thailand 
or in a country which is not member of the Convention on the 
copyright protection of which Thailand is a member, if the publi­
cation of the said ,work is subsequently made in Thailand or in 
a country which is member of the Convention on the copyright 
protection of which Thailand is a member within thirty days as 
from the first publication, or the author has the qualifications as 
prescribed in (1) at the time of the first publication. 
In the case the author must be a Thai national, if the 
author is a juristic person, it must be established under the Thai 
law. 
Section 9. Copyright in the work created by the author in the 
course of employment vests upon the author unless it has been 
otherwise agreed in writing provided that the employer is entitled 
to communicate such work to public in accordance with the 
purpose of the employment. IP/N/lITHAICIl 
Page 9 
Section 10. Copyright in the work created in the course of com­
mission vests upon the employer unless the author and the em­
ployer have agreed otherwise. 
Section 11. Copyright in the work which is an adaptation of a 
copyright work by virtue of this Act done with the consent of the 
owner of copyright vests upon the person who makes such 
adaptation but without prejudice to the owner of copyright in the 
work created by the original author that is adapted. 
Section 12. Copyright in the work which is a compilation or a 
composition of copyright works by virtue of this Act done with 
the consent of the owners of copyright or a compilation or a 
composition of data or other materials which are readable or 
conveyable by a machine or other apparatus, vests upon the 
person who makes the compilation or the composition provided 
that he has done so by means of selection or arrangement in the 
manner which is not an imitation of the work of another person 
but without prejudice to the owners of copyright in the works or 
data or other materials created by the original authors which are 
compiled or composed. 
Section 13. Section 8, Section 9 and Section 1 0 shall apply mutatis 
mutandis to the acquisition of copyright under Section 11 or 
Section 12. 
Section 14. The Ministries, Departments or other government or 
local units are the owners of copyright in the works created in 
the course of employment, order or control unless it is otherwise 
agreed in writing. IP/N/1/THA/C/1 
Page 10 
PART 3 
COPYRIGHT PROTECTION 
Section 15. Subject to Section 9, Section 10 and Section 14, the 
owner of copyright has the exclusive rights of :-
(1) reproduction or adaptation, 
(2) communication to public, 
(3) letting of the original or the copies of a computer program, 
an audiovisual work, a cinematographic work and sound 
recordings, 
(4) giving benefits accruing from the copyright to other persons, 
(5) licensing the rights mentioned in (1 ), (2) or (3) with or without 
conditions provided that the said conditions shall not unfairly 
restrict the competition. 
Whether the conditions as mentioned in sub-section 
(5) of the paragraph one are unfair restrictions of the competition 
or not shall be considered in accordance with the rules, methods 
and conditions set forth in the Ministerial Regulation. 
Section 16. If the owner of copyright by virtue of this Act permits 
8 person to exercise the right according to Section 1 5 (5), it shall 
be deemed that the permission does not restrict the owner of 
copyright to also give such permission to another person except 
that the written permission specifies the restriction. 
Section 17. The copyright is assignable. 
The owner of copyright may assign the copyright of 
the whole or in part and may assign it for a limited duration or 
for the entire term of copyright protection. IP/N/lITHA/C/I 
Page 11 
The assignment of copyright by other means except 
by inheritance must be made in writing with the signatures of the 
assignor and the assignee. If the duration is not specified in the 
assignment contract, the assignment shall be deemed to last for 
ten years. 
Section 18. The author of the copyright work in this Act is entitled 
to identify himself as the author and to prohibit the assignee or 
any person from distorting, shortening, adapting or doing anything 
against the work to the extent that such act would cause 
damage to the reputation or dignity of the author. When the 
author has died, the heirs of the author is entitled to litigation 
for the enforcement of his right through the term of copyright 
protection unless otherwise agreed in writing. 
PART 4 
TERM OF COPYRIGHT PROTECTION 
Section 19. Subject to Section 21 and Section 22, copyright by 
virtue of this Act subsists for the life of the author and continues 
to subsist for fifty years after the death of the author. 
In the case of a work of joint authorship, copyright 
subsists for the life of the joint-authors and continues to subsist 
for fifty years as from the death of the last surviving joint-author. 
If the author or all joint-authors die prior to the publi­
cation of the work, copyright subsists for fifty years as from the 
first publication of the work. 
In the case of the author being a juristic person, copy­
right subsists for fifty years as from the authorship; provided that 
if the work is published during such period, the copyright con­
tinues to subsist for fifty years as from the first publication. IP/N/lITHA/CIl 
Page 12 
Section 20. Copyright by virtue of this Act in a work which is 
created by a pseudonymous or anonymous author subsists for 
fifty years as from the authorship; provided that if the work is 
published during such period, copyright subsists for fifty years as 
from the first publication. 
If the identity of the author becomes known, Section 
1 9 shall apply mutatis mutandis. 
Section 21. Copyright in a photographic work, audiovisual work, 
cinematographic work, sound recordings or audio and video broad­
casting work subsists for fifty years as from the authorship : 
provided that if the work is published during such period, copyright 
subsists for fifty years as from the first publication. 
Section 22. Copyright in a work of applied art subsists for twenty 
five years as from the authorship; provided that if the work is 
published during such period, copyright subsists for fifty years as 
from the first publication. 
Section 23. Copyright in a work which is created in the course of 
employment, instruction or control in accordance with Section 1 4 
subsists for fifty years as from the authorship; provided that if the 
work is published during such period, copyright subsists for fifty 
years as from the first publication. 
Section 24. The publication under Section 1 9, Section 20, Section 
21 , Section 22 or Section 23 which is the commencement of the 
term of copyright protection means the publication of the work 
with the consent of the owner of copyright. 
Section 25. When the term of copyright protection expires during 
a year and the expiry date is not the last calendar day of the year 
or the exact date of expiry is not known, copyright continues to 
subsist until the last day of that calendar year. 
Section 26. The publication of a copyright work after the expiry 
of the term of copyright protection shall not cause anew the 
copyright in such work. PART 5 
INFRINGEMENT OF COPYRIGHT IPlNllITHA/CIl 
Page 13 
Sectton 27. Any of the following acts against a copyright work by 
virtue of this Act without the permission in accordance with 
Section 1 5 (5) shall be deemed an infringement of copyright: 
(1) reproduction or adaptation, 
(2) communication to public. 
Section 28. Any of the following acts against an audiovisual work, 
a cinematographic work or a SO_l,In(~t recording copyrightable by 
virtue of this Act without the permission in accordance with 
Section 15(5) whether against the sound or image'shall be 
deemed an infringement of copyright: 
(1) reproduction or adaptation, 
(2) communication to public, 
(3) letting of the original or copies of the work, 
Section 29. Any of the following acts against a sound and video 
broadcasting copyrightable by virtue of this Act without the per­
mission in accordance with Section 15(5) shall be deemed an 
infringement of copyright: 
(1) making an audiovisual work, a cinematographic work, a sound 
recording or a sound and video broadcasting work whether of the 
whole or in part, 
(2) rebroadcasting whether of the whole or in part, 
(3) making a sound and video broadcasting work to be heard or 
seen in public by charging money or another commercial benefit. IPIN/1/THA/C/1 
Page 14 
Section 30. Any of the following acts against a computer program 
copyrightable by virtue of this Act without the permission in 
accordance with Section 1 5(5) shall be deemed an infringement 
of copyright: 
(1) reproduction or adaptation, 
(2) communication to public, 
(3) letting the original or copy of the work. 
Section 31. Whoever knows or should have known that a work is 
made by infringing the copyright of another person and commits 
any of the following acts against the work for profit shall be 
deemed to infringe the copyright: 
(1) selling, occupying for sale, offering for sale, letting, offering for 
lease, selling by hire purchase or offering for hire purchase, 
(2) communication to public, 
(3) distribution in the manner which may cause damage to the 
owner of copyright, 
(4) self-importation or importation by order into the Kingdom. 
PART fj 
EXCEPTIONS FROM INFRINGEMENT 
OF COPYRIGHT 
Section 32. An act against a copyright work by virtue of this Act 
of another person which does not conflict with a normal exploita­
tion of the copyright work by the owner of copyright'. and does not 
unreasonably prejudice the legitimate right of the owner of copy­
right shall not be deemed an infringement of copyright. 
Subject to the provision of paragraph one, any act 
against the copyright work in paragraph one shall not be deemed 
an infringemen~ of copyright provided that the act is each of the followings: 
(1) research or study of the work which is not for profit; IP/N/lITHA/CIl 
Page 15 
(2) use for personal benefit or for the benefit of himself and other 
family members or close relatives ; 
(3) comment, criticism or introduction of the work with an 
acknowledgement of the ownership of copyright in such work; 
(4) reporting of the news through mass-media with an acknow­
ledgement of the ownership of copyright in such work; 
(5) reproduction, adaptation, exhibition or display for the benefit 
of judicial proceedings or administrative proceedings by autho­
rized officials or for reporting the result of such proceedings; 
(6) reproduction, adaptation, exhibition or display by a teacher 
for the benefit of his teaching provided that the act is not for 
profit; 
(7) reproduction, adaptation in part of a work or ab~idgement or 
making a summary by a teacher or an educational institution so 
as to distribute or sell to students in a class or in an educational 
institution provided that the act is not for profit; 
(8) use of the work as part of questions and answers in an 
examination. 
Section 33. A reasonable recitation, quotation, copy, emulation or 
reference in part of and from a copyright work by virtue of this 
Act with an acknowledgement of the ownership of copyright in 
such work shall not be deemed an infringement of copyright 
provided that Section 32 paragraph one is complied with. 
Section 34. A reproduction of a copyright work by virtue of this 
Act by a librarian in the following cases shall not be deemed an 
infringement of copyright provided that the purpose of such 
reproduction is not for profit and Section 32 paragraph one is 
complied with: 
(1) reproduction for use in the library or another library ; 
(2) reasonable reproduction- in part of a work for another person 
for the benefit of research or study. IP/NIIITHA/CI 1 
Page 16 
Section 35. An act against a computer program which is a copy­
right work by virtue of this Act in the following cases shall not 
be deemed an infringement of copyright provided that the purpose 
is not for profit and Section 32 paragraph one is complied with : 
(1) research or study of the computer program, 
(2) use for the benefit of the owner of the copy of the computer 
program; 
(3) comment, criticism or introduction of the work with an acknow­
ledgement of the ownership of the copyright in the computer 
program; 
(4) reporting of the news through mass media with an acknow­
ledgement of the ownership of copyright in the computer program; 
(5) making copies of a computer program for a reasonable 
quantity by a person who has legitimately bought or obtained the 
program from another person so as to keep them for maintenance 
or prevention. of loss ; 
(6) reproduction, adaptation, exhibition or display for the benefit 
of judicial proceedings or administrative proceedings by authori­
zed officials or for reporting the result of such proceedings, 
(7) use of the computer program as part of questions and 
answers in an examination; 
($) adapting the computer program as necessary for use; 
(9) making copies of the computer program so as to keep them 
for the reference or research for public interest. 
Section 36. The public performance of a dramatic work or a 
musical work as appropriate which is not organized or conducted 
for seeking profit from such activity and without direct or indirect 
charge for watching the performance and the performers not 
receiving remuneration for such performance shall not be deemed 
an infringement of copyright provided that it is conducted by, an 
association, foundation or another organization which has objec­
tives for public charity, education, religion or social welfare and 
that Section 32 paragraph one is complied with. IP/NIlITHA/C/1 
Page 17 
Section 37. A drawing. painting. construction. engraving. moulding, 
carving, lithographing, photograghing. cinematographing, Video 
broadcasting or any similar act of an artistic work, except an 
architectural work, which is openly located in a public place shall 
not be deemed an infringement of copyright in the artistic work. 
Section 38. A drawing. painting, engraving, moulding. carving, 
lithographing. photographing, cinematographing or Video broad-
casting of an architectural work shall not be deemed an infringe­
ment of copyright in the architectural work. 
Section 39. A photograhing or cinematographing or Video broad­
casting of a work of which an artistic work is a component shall 
not be deemed an infringement of copyright in the artistic work. 
Section 40. In case another person apart from the author jointly 
owns the copyright in an artistic work, the subsequent creation 
by the same author of the artistic work in such a manner that 
a part of the original artistic work is reproduced or the printing 
pattern, sketch, plan, model or data acquired from a study which 
has been applied in the creation of the original artistic work is 
used shall not be deemed an infringement of copyright in the 
artistic work provided that the author does not reproduce or copy 
the substantial part of the original artistic work. 
Section 41. A restoration in the same appearance of a building 
which is a copyright architectural work by virtue of this Act shall 
not be deemed an infringement of copyright. 
Section 42. When the term of protection for a cinematographic 
work has come to an end, the communication to public of the 
cinematographic work shall ,not be deemed an infringement of 
copyright in the literary work, dramatic work, artistic work, musical 
work, audiovisual work, sound recording or any work previoiJsly 
used to creat such cinematographic work. IPINIlITHA/CI 1 
Page 18 
Section 43. A reproduction of a copyright work by virtue of this 
Act which is in the possessiort of the government by an autho­
rized official or by an order of such official for the benefit of govern­
ment service shall not be deemed an infringement of copyright 
provided that Section 32 paragraph one is complied with. 
CHAPTER 2 
PERFORMERS' RIGHTS 
Section 44. The performer has the following exclusive rights with 
respect to the acts concerning his performance ; 
(1) sound and video broadcasting or communication to public of 
the performance except ,the sound and video broadcasting or 
communication to public from a recording material which has 
been recorded; 
(2) recording the performance which has not been recorded: 
(3) reproducing the recording material of the performance which 
has been recorded without the consent of the performer or the 
recording material of the performance with the consent of the 
performer but for another purpose or the recording material of the 
performance which falls within the exceptions of the infringe­
ment of performer's rights by virtue of Section 53. 
Section 45. Whoever causes the sound broadcasting or the 
direct communication to public of the audio recording material 
of a performance which have already been disseminated for 
commercial purpose or the copies thereof is bound to pay a just 
remuneration to the performer. In case the parties can not agree 
upon the remuneration, the Director General shall stipulate the 
remuneration by taking into account the normal rate of remu­
neration in such specific business. IPINIlITHA/CI 1 
Page 19 
A party may appeal the order of the Director General 
according to paragraph one to the Committee within ninety days 
as from receiving the letter informing the order of the Director 
General. The decision of the Committee shall be final. 
Section 46. Where there are more than one performer involved in 
a performance or an audio recording of a performance, those 
performers may appoint a joint agent to take care of or administer 
their rights. 
Section 47. A performer has the rights in his performance ac­
cording to Section 44 provided that the following conditions are 
met: 
(1) the performer has Thai nationality or has a habitual residence 
in the Kingdom or ; 
(2) The performance or the major part of the performance takes 
place in the Kingdom or in a country which is a member of the 
Convention on the protection of performers' rights of which 
Thailand is also a member. 
Section 48. A performer is eligible to receive the remuneration 
according to Section 45 provided that the following conditions­
are met: 
(1) the performer has Thai nationality or has a habitual resi­
dence in the Kingdom when the audio recording of the perfor­
mance takes place or when he exercises a claim of his right or ; 
(2) the audio recording of the performance or the major part of 
the audio recording of the performance takes place in the 
Kingdom or in a country which is a member of the Convention 
on the protection of performers' rights of which Thailand is also 
a member. IPINIlITHA/CI 1 
Page 20 
Section 49. The performer's rights according to Section 44 lasts 
for fifty years as from the last day of the calendar year in which 
the performance takes place. In case the performance is recorded, 
the performer's rights lasts for fifty years as from the last day of 
the calendar year in which the recording of the performance 
takes place. 
Section 50. The performer's rights according to Section 45 lasts 
for fifty years as from the last day of the calendar year in which 
the audio recording of the performance takes place. 
Section 51. The performer's rights according to Section 44 and 
Section 45 are assignable whether of the whole or in part and may 
be assignable for a fixed duration or the whole term of protection. 
In case there are more than one performer involved, 
each performer is entitled to assign the rights which specifically 
belong to him. 
The assignment of rights by other means except by 
inheritance must be made in writing with the signatures of the 
assignor and the assignee. If the duration is not specified in the 
assignment contract, the assignment shall be deemed to last for 
three years. 
Section 52. Whoever acts as specified in Section 44 without the 
consent of the performer or without paying remuneration in ac­
cordance with Section 45 shall be deemed to infringe the per­
former's rights. 
Section 53. Section 32, Section 33, Section 34, Section 36, 
Section 42, and Section 43 shall apply mutatis mutandis to the 
performer's rights. CHAPTER 3 
USE OF COPYRIGHT IN SPECIAL 
CIRCUMSTANCES IP/N/1/THA/C/1 
Page 21 
Section 54. A Thai national who desires to seek a copyright 
license for a work which has already been communicated to public 
in the form of printed materials or other similar forms according 
to this Act for the benefit of study. teaching or research without 
a profit-seeking purpose may submit an application to the Director 
General by showing evidence that the applicant has previously 
sought a license from the copyright owner to translate the work 
into Thai or to reproduce the copies of the translation published 
in Thai but his request has been denied or after a reasonable 
period of time having elapsed the agreement can not be con­
cluded provided that at the time of submitting the application: 
(1) the copyright owner has not translated or authorized any 
person to translate the work into the Thai language for publi­
cation within three years after the first publication of the work 
or ; 
(2) the copyright owner has published the translation in the Thai 
language but. beyond three years after the last publication of the 
translation. no further publication is made and all the editions of 
the published translation are out of print. 
The application according to paragraph one shall follow 
these rules, methods and conditions: 
(1) The Director General shall not grant the license for the appii­
cation according to paragraph one if the time specified in para­
graph one (1) or (2) has elapsed not exceeding six months. IP/NI 1 ITHAICI 1 
Page 22 
(2) in case the Director General grants the license, the grantee 
shall be solely entitled to translate or publish the licensed 
translation provided that the Director General shall not permit 
another person to make the Thai translation from the same 
original copyright work if the time specified in the license has 
not elapsed or has elapsed not exceeding six months. 
(3) the grantee is prohibited from assigning the granted license 
to another person. 
(4) if either the copyright owner or the licensee can assure the 
Director General that he has made the Thai translation or has 
. published the translated version in Thai the content of which is 
identical to that of the printed materials which are the subjects 
of license according to Section 55 and has distributed the printed 
materials at appropriate price comparable with that of another 
work of the same nature being sold in Thailand, the Director 
General shall order that the license granted to the grantee be 
terminated and shall inform the grantee of such order without 
delay_ 
The grantee may distribute the copies of the printed 
materials which have been made or published prior to the order 
of termination by the Director General until they are out of stock. 
(5) the grantee is prohibited to export the copies of the printed 
materials of the licensed translation or publication in Thai except 
for the following conditions: 
(a) the recipient abroad is a Thai national; 
(b) the printed materials serve the purposes of study, 
teaching or research; 
(c) the delivery of the printed materials is not for a com­
mercial purpose; and 
(4) the country to which the printed materials are deli-
vered allows Thailand to deliver or distribute the 
printed materials to or within that country. IP/N/1/THA/C/l 
Page 23 
Section 55. Upon receiving the application according to Section 
54, the Director General shall arrange an agreement between the 
concerning parties as to the remuneration for and the conditions 
of the license. In case the parties can not reach the agreement, 
the Director General shall give an order on the just remuneration 
by taking into consideration the normal rate of remuneration in 
such business and may stipulate conditions for the license as he 
deems appropriate. 
When the remuneration and conditions are stipulated, 
the Director General shall issue the license certificate to the 
applicant. 
The concerning parties may appeal the order of the 
Director General according to paragraph one to the' Committee 
within ninety days as from the receipt of the letter informing the 
order of the Director General. The decision of the Committee shall 
be final. 
CHAPTER 4 
COPYRIGHT COMMITTEE 
;ection 56. A committee called -the Copyright Comminee- shall be 
established and to be composed of the Permanent Secretary of 
the Minister of Commerce as Chairman as well as distinguished 
members not exceeding twelve persons appointed by the Cabinet 
in which not less than six persons are appointed from representatives 
of associations of the owners of copyright or performers'rights 
and representatives of associations of the users of copyright or 
performers' rights. 
The Committee may appoint any person secretary 
and assistant secretary. IPlNllITHAIC/1 
Page 24 
Section 57. An office term of the distinguished members i~ two 
years. The members who have been out of office may be re­
appointed. 
In case a member is out of office before the end of 
his office term or in case the Cabinet appoints additional mem­
bers while the previously appointed members are still in office, the 
office term of the member appointed to replace the vacant post 
or the additional member shall be equal to the remaining term 
of the previously appointed members. 
Section 58. The distinguished members are out of office upon 
(1) death; 
(2) resignation; 
(3) discharge by the Cabinet ; 
(4) becomin.g bankrupt; 
(5) becoming an incompetent or a quasi-incompetent person; 
(6) getting an imprisonment by a final judgement to impose im­
prisonment except an imprisonment for the offence which has 
been committed by negligence or for a petty offence. 
Section 59. The quorum of the committee meeting shall consist 
of not less than one-half of the number of the whole committee 
members. If the Chairman is not present or is not able to perform 
his duty, the attending committee members shall elect one 
committee member to preside over the meeting. The resolution 
of the meeting shall be decided by majority. 
Each committee member has one vote. In case of 
equal votes, the presiding chairman shall have one additional 
casting vote. IPINllITHA/CIl 
Page 25 
Section BO. The Committee shall have the following authorities: 
(1) to give advice or consultation to the Minister for the issuance 
of Ministerial Regulations under this Act; 
(2) to decide appeals against orders of the Director General 
according to Section 45 and Section 55 ; 
(3) to support or facilitate the association or organization of 
authors or performers with respect to the collection of royalties 
from users of the copyright work or the performer's rights and the 
protection or safeguard of the rights or any other benefits under 
this Act; 
(4) to consider other matters as assigned by the Minister. 
The Committee is authorized to appoint a sub-
committee to consider or perform any matter as assigned by the 
Committee and Section 59 shall apply mutatis mutandis to the 
meeting of the sub-committee. 
The Committee or the sub-committee is authorized 
to issue a written order summoning any person to testify or to 
submit documents or other materials for consideration as neces-
sary. 
CHAPTER 5 
INTERNATIONAL COPYRIGHT ANI] 
PERFORMER'S RIGHTS 
Section 61. A copyright work of an author as well as rights of a 
performer of a country which is a member of the Convention on 
the protection of copyright or the Convention on the protection 
of performer's rights of which Thailand is also a member or a 
copyright work of an international organization of which Thailand 
is a member shall be protected by this Act. IP/N/1/THAICIl 
Page 26 
The Minister has ,an authority to proclaim the names 
of the member countries of the Convention on the protection of 
copyright or the Convention on the protection of performer's 
rights in the Government Gazette. 
CHAPTER B 
LITIGATION WITH RESPECT TO 
COPYRIGHT AN[] PERFORMER'S RIGHTS 
Section 62. It shall be presumed in a litigation with respect to 
copyright or performer's right, whether it be a civil or criminal 
case, that the work in dispute is a copyright work or the subject 
of performer's rights in this Act and the plaintiff is the owner of 
copyright or performer's rights in such work or subject unless the 
defendant argues that no one owns the copyright or the per­
former's rights or disputes the plaintiff's right. 
As for a work or subject bearing a name or a sub­
stitution for name of a person claiming to be the owner of copy­
right or performer's rights, it shall be presumed that the person 
who is the owner of the name or the substitution for name is the 
authour or the performer. 
As for a work or subject bearing no name or no sub­
stitution for name or bearing a name or a substitution for name 
without. a claim of ownership in copyright or performer's rights and 
having a name or a substit!-ltion for name of a person claiming 
to be the printer or the publisher or the pri,nter and publisher, it 
shall be presumed that the person who is the printer or the pub­
lisher or the printer and publisher becomes the owner of copyright 
or performer's rights in such work or subject. IJ>~/l/llfIJ\/<:/l 
J>age 27 
Section 63. No action on copyright infringement or performer's 
rights infringement shall be filed after three years as from the day 
the owner of copyright or performer's rights becomes cognizant 
of the infringement as well as the identity of the infringer provided 
that the action shall be filed not later than ten years as from the 
day the infringement of copyright or performer's rights takes 
place. 
Section 64. In the case of infringement of copyright or performer's 
rights, the Court has the authority to order the infringer to com­
pensate the owner of copyright or performer's rights for damages 
the amount which the Court considers appropriate by taking into 
account the seriousness of injury including the loss of benefits 
and expenses necessary for the enforcement of the right of the 
owner of copyright or performer's rights. 
Section 65. In case there is an explicit evidence that a person is 
doing or about to do any act which is an infringement of copyright 
or performer's rights, the owner of copyright or performer's rights 
may seek the injunction from the court to order the person to 
stop or refrain from such act. 
The injunction of the court according to paragraph 
one does not prejudice the owner of copyright or performer's 
rights ~o c:;laim damages under Section 64. 
Section 66. The offence in this Act is an offence allowing settle­
ment IP/N/l/THA/C/1 
Page 28 
CHAPTER 7 
OFFICIALS 
Section 67. For the benefit of operation under this Act, the officials 
Shall be the officials according to the Penal Code and have the 
following authorities: 
(1) to enter a building, office, factory or warehouse of any person 
during sunrise and sunset or during the working hours of such 
place or to enter a vehicle to search or examine the merchandise 
when there is a reasonable suspicion that an offence under this 
Act is committed, 
(2) to seize or forfeit documents or materials relating to the 
offence for the benefit of proceeding a litigation when there is a 
reasonable suspicion that an offence under this Act is committed, 
(3) to order any person to testify or submit accounting books, 
documents or other evidences when there is a reasonable 
suspicion that the testimony, accounting books, documents or 
such evidences shall be useful for the finding or the use as 
evidence for proving the offence under this Act. 
Any person concerned shall provide suitable conve-
nience for the operation of the officials. 
Section 68. In performing his duty, the officials must show his 
identification card to any person concerned. 
The official's identification card shall comply with the 
form stipulated by the Minister. CHAPTER 8 
PENALTIES IP/NIlITHAICIl 
Page 29 
Section 69. Whoever infringes the copyright or the performer's 
rights according to Section 27, Section 28, Section 29, Section 
30 or Section 52 shall be inflicted with a fine from twenty thou­
sand Baht up to two hundred thousand Baht. 
If the offence in paragraph one is committed with the 
commercial purpose, the offender shall be inflicted with impri­
sonment for a term from six months up to four years or a fine from 
one hundred thousand Baht up to eight hundred thousand Baht 
or both imprisonment and fine. 
Section 70. Whoever commits a copyright infringement according 
to Section 31 shall be inflicted with a fine from ten thousand Baht 
up to one hundred thousand Bath. 
If the offence in paragraph one is committed with the 
commercial purpose, the offender shall be inflicted with impri­
sonment for a term from three months up to two years or a fine 
from fifty thousand Baht up to forty hundred thousand Baht or 
both imprisonment and fine. 
Section 71. Whoever fails to testify or submit any documents or 
materials as the Committee or the Sub-committee has ordered 
according to Section 60 paragraph three shall be inflicted with 
imprisonment for a term not exceeding three months or a fine 
not exceeding fifty thousand Baht or both imprisonment and fine. 
Section 72. Whoever obstructs or fails to provide a convenience 
to an official who performs his duty according to Section 67 or 
defies or ignores the order of the official who gives the order 
according to Section 67 shall be inflicted with imprisonment for 
a term not exceeding three months or a fine not exceeding fifty 
thousand Baht or both imprisonment and fine. IP/N/1/THA/C/1 
Page 30 
Section 73. Whoever having committed an offence and having 
been penalized by virtue of this Act subsequently commits an 
offence under this Act within five years after being discharged 
from the penalty shall be inflicted with double penalty as pres­
cribed for the offence. 
Section 74. In case a juristic person commits an offence under 
this Act, it shall be deemed that all directors or managers of the 
juristic person are joint offenders with the juristic person unless 
they can prove that the juristic person has committed the offence 
without their knowledge or consent. 
Section 75. All things made or imported into the Kingdom which 
constitutes an infringement of copyright or performer's rights by 
virtue of this Act and the ownership of which are still vested upon 
the offender under Section 69 or Section 70 shall belong to the 
owner of copyright or performer's rights provided that the things 
used for committing the offence shall be all forfeited. 
Section 76. One half of the fine paid in accordance with the 
judgement shall be paid to the owner of copyright or performer's 
rights provided that the right of the owner of copyright or per­
former's rights to bring a civil action for damages for the amount 
which exceeds the fine that the owner of copyright or performer's 
rights has received shall not be prejudiced. 
Section 77. The Director General shall be authorized to prescribe 
the fine for the offence according to Section 69 paragraph one 
and Section 70 paragraph one. TRANSITORY PROVISION IP/NIlITHA/CIl 
Page 31 
Section 78. The existing c'opyright work by virtue of the Act for 
the Protection of Literary and Artistic Works, B.E. 2474 or the 
Copyright Act B.E. 2521 on the day this Act comes into force shall 
enjoy the copyright protection by this Act. 
The work made before this Act coming into force and 
not being a copyright work by virtue of the Act for the Protection 
. of Literary and Artistic Works B.E. 2474 or the Copyright Act B.E. 
2521 shall enjoy the copyright protection by this Act. 
Countersigned by; 
Chuan Leekpai 
Prime Minister 