Thailand : Copyright Recordal

Copyright protection grants the creator exclusive rights to utilize their original work, which is the product of their intellect, knowledge, skills, and effort, without reproducing the work of others. This protection is automatically conferred upon the creation of the work, and no formal registration is required.

Recordal of Copyright Information with the Department of Intellectual Property

The process of notifying the Department of Intellectual Property (DIP) in Thailand about copyright does not establish or certify ownership of the work. Instead, it serves as a formal record of the applicant’s claim to ownership, based on their own declaration. Any certificate issued by the DIP solely acknowledges the notification and does not constitute proof of legal ownership. In cases of disputes regarding copyright ownership, resolution must be sought through judicial proceedings, where courts will adjudicate based on the specific circumstances of each case.

Eligible Works for Copyright Recordal

• The following categories of works are eligible for copyright notification with the DIP:
• Literary Works
• Dramatic Works
• Artistic Works
• Musical Works
• Audiovisual Works
• Cinematographic Works
• Sound Recordings
• Broadcasting Works
• Other Works in the fields of literature, science, or fine arts

Ineligible Works for Copyright Recordal

• Certain types of works are not eligible for copyright notification, including:
• Ideas, procedures, processes, systems, methods of use or operation, concepts, principles, discoveries, or scientific or mathematical theories
• Daily news and factual information are presented as mere news reports
• Constitutions and laws
• Regulations, rules, notifications, orders, explanations, and official correspondence issued by ministries, departments, government agencies, or local administrative organizations
• Court judgments, orders, decisions, and official reports
• Translations and compilations of daily news, laws, regulations, official documents, judgments, or reports prepared by ministries, departments, government agencies, or local administrative organizations

Application Submission

The application and supporting documents can be submitted at DIP , registered post, or online channel at the DIP website.

Key Required Documents for Copyright Recordal

Documents regarding the copyright work are one of the key required documents, which will depend on each copyright work itself. For example, for computer software, the key required document is parts of the source code, and for dramatic works, the key required document is photographs of the performance together with descriptions of each sequence of movements. The applicant is able to authorize its representative to submit the application on its behalf through the power of attorney. If the power of attorney is made or entered into abroad, it must be notarized.

Language Requirement

The application must be in Thai. However, the supporting documents can be in any other language.

Benefits of Copyright Recordal

Recording copyright information with the DIP offers several advantages, including:

• Official Documentation: Provides a formal record of the applicant’s claim to ownership, which can serve as supporting evidence in legal proceedings.
• Enhanced Credibility: Demonstrates the applicant’s assertion of rights, which may deter potential infringers.
• Facilitation in Disputes: Assists in establishing a timeline of claimed ownership, which can be useful in resolving disputes.
• Public Record: Creates a publicly accessible record of the copyright claim, increasing transparency.

Statistics on Copyright Recordal

According to the DIP’s database, over the past five years, a total of 43,369 copyright notification requests have been submitted. The three most frequently recorded categories are artistic works, literary works, and musical works.

Key Takeaways

Artistic works, literary works, and musical works are the most commonly recorded categories, with 43,369 requests over the past five years.

Copyright protection is automatic upon creation, but recordal with the DIP provides a formal acknowledgment of the applicant’s claim.

Recordal does not certify ownership; disputes must be resolved through judicial proceedings.

Eligible works include literary, artistic, musical, and other creative works, while ideas, laws, and factual news reports are ineligible.

The recordal process is conducted online, requiring specific documents and identity verification, with the application to be submitted in Thai.

Benefits of recordal include official documentation, enhanced credibility, dispute facilitation, and a public record of the claim.

Author: Panisa Suwanmatajarn, Managing Partner.

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