Thai Government has placed importance on an international standard of copyright protection. One of the key requirements of being a member of the World Intellectual Property Organization is to update the local rules and regulations to be complied with the WIPO Copyright Treaty (WCT).
On 29 September 2020, the Cabinet approved the Draft Act on Amendment to the Copyright Act (No. ..) B.E. …. (“Draft Act”) as proposed by the Ministry of Commerce in which the provisions contained on the Draft Act will bring the local standard on copyright protection to meet those of the international standard.
Summary of key provisions of the Draft Act is as follows:
- The definition of “Service Provider” to include an intermediate service provider, a temporary computer data storage service provider, a computer data storage service provider, and a computer data source searching service provider and “Service User” to include a service provider’s user whether such user pays for the service fee or not, will be added to this Draft Act and the definition of “Technology Protection Measure” will be revised to a technology that protects the rights of the copyright owner or the rights of the actor under this Draft Act, or effectively controls access to copyright work or performance recording.
- The duration for copyright protection in photography work will be revised to be throughout the life of the photographer and for the next 50 years from the photographer’s death.
- The duration for copyright protection in audiovisual, film, sound recording, or broadcasting work will be 50 years from the creation of those works. However, if such work was advertised during the said period, the duration for its copyright protection will be 50 years from the first advertised.
- A service provider, who will be exempted from conducting copyright infringement, must have clearly announced its service termination measure to its service consumers and that has followed such announced measure.
- The liability on copyright infringement of an intermediate service provider will be limited once such service provider has transmitted computer data through an automatic technical process. Such service provider must not be an originator of such transmission or select its recipients and change such computer data.
- The liability of copyright infringement of a temporary computer data storage service provider will be limited once the service provider transmits the data through its system or computer network without changing such data, not intervene using of technology in order to obtain data related to the usage of service users and having the system for keeping the data up to date.
- The liability on copyright infringement of a computer data storage service provider will be limited in case that such service provider does not know or does not have the reason to know that the data stored in the system or computer network under its operation is copyright infringement. Once knowing, such service provider must promptly remove such data from its system or computer network.
- A computer data source searching service provider will not be liable for copyright infringement in case that such service provider does not know or does not have the reason to know that there is the infringed computer data on its system or computer network. Such service provide must promptly remove such data and remove and disconnect to the source of such data from its system or computer network.
- Providing of service, manufacture, sale, or distribution of service, product, or equipment causing the result of the operation of technology protection measures will be considered as technology protection measure infringement.
This Draft Act will be submitted to the Parliament for its consideration and approval before publishing in the Royal Gazette and then become enforced.
Author: Panisa Suwanmatajarn and Jinnaphat Srithepthamrong