Aligning with the WPPT: Proposed Amendments to the Copyright Act for Strengthening Copyright Protection

Introduction:

The proposed amendments to the Copyright Act B.E. 2537 (1994) aim to align Thailand with the WIPO Performance and Phonograms Treaty (WPPT) and fulfill its obligations under the Regional Comprehensive Economic Partnership (RCEP). The Department of Intellectual Property (DIP) is currently drafting the amendments, known as the “draft Copyright Act,” with the primary objective of providing clarity in the application of the law and enhancing the protection of copyright owners’ rights, specifically the rights of performers. These amendments seek to elevate the level of copyright infringement protection and accommodate technological advancements. To ensure broad stakeholder input, the DIP has initiated a public hearing on the draft Copyright Act from 18th January B.E. 2567 (2024) to 18th February B.E. 2567 (2024).

Enhancing Definitions and Aligning with the WPPT:

The draft Copyright Act introduces improved definitions, including sound recordings, performers, communication to the public, and publication. These updated definitions aim to elucidate and refine the application of the legislation, aligning it with the provisions of the WPPT. For instance, the definition of “performer” is expanded to encompass role-play and the presentation of artistic and cultural works, thereby supporting Thai artists and cultural heritage. “Sound recording” is clarified to include recordings in any material form or without supporting materials. The definitions of “communication to the public” and “publication” are broadened to encompass works uploaded to the internet. These amendments ensure that certain types of copyright protection commence upon internet upload, elucidating the beginning of intellectual property protection.

Strengthening Performers’ Rights:

The draft Copyright Act also bolsters the rights of performers, including the right to be identified as the original author, the right to rectify the attribution of authorship, and the right to protection against derogatory treatment, even after transferring copyright to an assignee. These protections persist throughout the lifetime of the creator. Performers are granted exclusive rights over their performances, such as duplication, sale of originals or copies, making works accessible to the public (including on the Internet), rental of originals or copied works, and the right to equitable compensation for performances uploaded to the internet.

Enhanced Remedies and Criminal Provisions:

In civil and criminal cases, copyright owners and performers will have the option to request the court to destroy or render infringing materials unusable and offer an alternative to pursuing criminal charges. The removal of the minimum penalty for copyright infringement and infringement of performers’ rights grants the court discretion in determining minimum sentencing, ensuring that criminal punishment is proportionate to the offenses committed. This amendment curbs the practice of extracting concessions from individuals who unintentionally infringe copyright.

Economic Benefits and Adaptation to the Digital Age:

By enacting these amendments, Thailand aspires to become a WPPT associate, which will bring economic benefits and attract domestic and foreign investors. The amendments also create opportunities for sound recorders and performers in Thailand to reap the rewards of their work while ensuring that the legislation adapts to the digital age, where the internet plays a significant role in disseminating creative content.

Conclusion:

The proposed amendments to the Copyright Act B.E. 2537 (1994) in Thailand reflect a commitment to strengthen copyright protection and align with international standards, particularly the provisions of the WPPT. By providing clarity, enhancing performers’ rights, introducing effective remedies, and adapting to the digital landscape, these amendments aim to foster a robust and balanced copyright framework. As the public hearing on the draft Copyright Act progresses, it presents an opportunity for stakeholders to contribute their perspectives and shape the evolution of copyright law in Thailand.

Author: Panisa Suwanmatajarn, Managing Partner.

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