Although these decisions acknowledged the challenges of interpreting the two
conditions, they did not clarify their meaning or consider whether they could be applied as a
general exception, such as the US fair use exception – for this reason it is unusual for a
defendant to rely purely on the two conditions. With such doubts, most defendants would
normally prefer to rely on the exceptions in the list of permitted acts in Section 32(2) or specific
exceptions in Sections 33 to 43, which require such use to comply with the two conditions
together with other additional conditions. Currently, there is no judicial decision where the
court has opined on this issue. This ambiguity and the imprecise scope of the exceptions make
it more difficult to enforce the copyright law and protect copyright works in the Thai education
sector, especially where copyrighted materials are made available on the mass education market.
Furthermore, users thus rely on this ambiguity and the imprecise scope of the exceptions and
assume that they can reproduce the entire books or materials under the exceptions. This leads to
an increased number of copyright infringements in the Thai education sector. As a result, the economic interests of copyright owners cannot be secured and the goal of the copyright law,
which is to encourage greater creativity in Thai society, cannot be achieved. Thus, these unclear
exceptions need to be clarified to ensure that the scope of copyright exceptions and infringement
is clear and certain, in order for copyright owners to receive an economic return on their
investment.
Although these decisions acknowledged the challenges of interpreting the two
conditions, they did not clarify their meaning or consider whether they could be applied as a
general exception, such as the US fair use exception – for this reason it is unusual for a
defendant to rely purely on the two conditions. With such doubts, most defendants would
normally prefer to rely on the exceptions in the list of permitted acts in Section 32(2) or specific
exceptions in Sections 33 to 43, which require such use to comply with the two conditions
together with other additional conditions. Currently, there is no judicial decision where the
court has opined on this issue. This ambiguity and the imprecise scope of the exceptions make
it more difficult to enforce the copyright law and protect copyright works in the Thai education
sector, especially where copyrighted materials are made available on the mass education market.
Furthermore, users thus rely on this ambiguity and the imprecise scope of the exceptions and
assume that they can reproduce the entire books or materials under the exceptions. This leads to
an increased number of copyright infringements in the Thai education sector. As a result, the economic interests of copyright owners cannot be secured and the goal of the copyright law,
which is to encourage greater creativity in Thai society, cannot be achieved. Thus, these unclear
exceptions need to be clarified to ensure that the scope of copyright exceptions and infringement
is clear and certain, in order for copyright owners to receive an economic return on their
investment.
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