Member of WTO, takes the stance to keep on protecting the author’s right and elevates the protection for the authors.
The Copyright Act of B.E. 2537 (1994) increasingly recognizes the author’s rights. It grants two types of author’s rights. Namely, The right of paternity and the right of integrity. As for the right of paternity, the author is entitled to the acknowledgement of his identity. Should a licensee or even an assignee of copyright publishes the work without recognizing the author can demand the appropriate acknowledgement of himself. The right of integrity empowers the author to prevent the assignee of copyright or anyone else from distorting, shortening, adapting or doing anything with the work to the extent that such act would damage the reputation or dignity of the author. Despite of these rights, the author and his counterparts may agree otherwise in writing. This flexibility would allow the author to negotiate the most of his interest
The prior legal problem as to the duration of protection is solved, but there still are some questions regarding the extent of agreement between the assignor (author) and the assignee of the author’s right, the sanctions of these rights, the statute of limitation, etc.
Term of Copyright
General Rules
The consideration about the term of copyright involves two dimensions. The first dimension sees the duration that the copyright owner shall legally protected of his exclusive rights. The other dimension focuses on the chance to use the work by other after the term of protection ends. The term of copyright is invented to set equilibrium between these two interest groups, the copyright owner and the public. The former enjoys exclusive right during the term of protection while the latter can freely use the work after the expiration of copyright protection.
The Berne Convention, from the inception, set a general term of copyright for the author’s life and fifty years after his death with some exceptions. The revisions of the Berne Convention, later finds some modifications as to the term of protection. The term may be counted from the publication of the work or the making available to the public for cinema to graphic works, if the domestic laws so provide. These are minimum terms of protection, which the members have to adopt. The TRIPs Agreement principally adopts the term of copyright provided in the Berne Convention and adds a clarification as to the method of counting the term.
Term of Protection
The Copyright Act B. E. 2537 (1994) provides the term of copyright for each type of work in Sections 19 to 26. The term of protection is made consistent with the Paris Act (1971). The Act take the approach of minimum term of protection. In general, therefore, the protection runs through the life of the author and fifty years after the author’s death. The Act. In other circumstances, counts the term from the making of the work or the fist publication of the work if any. These is an exception of the fifty-year term in the case of works of applied art as permitted by the Paris Act (1971).45 For this type of work. The Act provides twenty-five years from the making of the work or, if there is a publication, twenty-five years from the fist publication
The Copyright Act classifies the term of protection for certain categories of work or authorship as follows:
(1) general term of copyright;
(2) joint authorship
(3) author being a juristic person
(4) pseudonymous or anonymous works
(5) photographic works, audiovisual. Works, cinematographic works, sound recordings and broadcasting works
(6) works of applied art
(7) works made for hire by government, government commissioned works, works made under government supervision
Beginning and Ending of Term of Copyright
The term of copyright may count from the work being made as a copyright work by virtue of the law or from the first publication or from the death of the author, as the case may be. The term shall proceed under the rules mentioned above.
The exact day of the end of the term is hardly identified due to the length of the term of copyright. The Act, thus, provides a practical way to find the expiry day. When the term of copyright protection expires during a year and the expiry date not the calendar day of the year or the exact of expiry is not known, copyright shall continue to subsist until the last day of the that calendar year
When the term of copyright ceases, there are two significant legal results. Firstly, the work shall fall within the public domain. It shall be on longs protected by copyright. The public, therefore, can use the work lawfully and without any authorization Secondly, whoever uses the work in public domain or publish such work cannot claim copyright in the work. The copyright may subsist if the user contributes to a certain extent that can be evaluated as a creation of a new work.
Copyright Infringement
While the act provides the exclusive right to the copyright owner, it also clearly specifies the acts that are considered the unlawful violation of those exclusive right. The copyright infringement according to the present Act can be classified into two categories: a) primary infringement and, b) secondary infringement.
The primary infringement is the same act, which the copyright law states that only the copyright owner has the exclusive right to do. Whoever reproduces, adapts or communicates to the public of the work protected by copyright without authorization is regarded an infringer. The copyright system, nonetheless, finds it necessary to stipulate another type of infringement to deter the primary infringement. Should the infringing copies of work be distributed through available channels, it would be an incentive for the infringement. The Act thus introduces the so-called secondary infringement by making the acts that facilitate the distribution of infringing copies of copyright work illegal.
Primary Infringement.
The Act deals with the primary infringement in two tiers. The first tier is the general rule of infringement no matter what the copyright work is. The second tier involves the primary infringement in specific copyright works.
The general rule of primary infringement stipulates that the reproduction or adaptation or communication to public of a copyright work in accordance with the Act without permission of the copyright owner shall be deemed an infringement of copyright. The meanings of “reproduction”, “adaptation” and “communication to public” are defined the same as those used in the context of exclusive rights,
Apart from the general rule, the Act specifies the acts of primary infringement for certain five copyright works, i.e., audiovisual work, cinematographic work, sound recordings. broadcasting work and computer program because the infringing act against these type of work is different from the general infringement and there are also specific exceptions for infringement of these works
(a) Audiovisual Work, Cinematographic Work and Sound Recordings
As to these works, the primary infringement concerns the reproduction, adaptation to public and the rent of original of copies of the work without authorization. The scope of infringement is broader than the general rule because, for these works, the copyright owner additionally has the exclusive rental right.
(b) Broadcasting Work
This specific work is expressed in a special manner and, thus, needs a special provision to identify the act of infringement. The Act provides that each of the following acts against the broadcasting work without authorization are deemed an infringement: (1) making an audiovisual work, a cinematographic work, sound recordings or a broadcasting work whether of the whole or in part, (2) rebroadcasting whether of the whole or in part, (3) making a broadcasting work to be heard seen in public by commercially charging money or other benefits.
(c) Computer Program
The primary infringement is the reproduction or the communication to public or the rent of the original or copies of the without authorization. One may note that the infringement acts against a computer program are identical to those against an audiovisual work, a cinematographic work or sound recordings as shown in (1) and may wonder why they have to be separate into two provisions. The computer program will see exceptions for infringement in another provision so it would be convenient to single out the infringement acts against work to match the ensuing exceptions for infringement.
The primary infringement, whether under the general rule or the provisions for certain types of copyright work, is subject to civil and criminal sanctions and. On the other hand, the Act provides a range of exception infringement, which will be discussed later.
Secondary infringement
The secondary infringement is understood as the acts which occur after the primary infringement and which somehow support the distribution of illegal copies of the work. These acts are treated illegal to establish a deterrent effect to the possible arrangement of distributing channels for the infringing copies of copyright work.
The Act, therefore, provides that whoever know or should have known that a work is made by infringing the copyright of another person and accordingly commits of the following acts for profit shall be deemed to infringing the copyright:
(1) Selling, occupying for sale, offering for sale, letting for hire, offering for lease, selling by hire purchase or offering for hire purchase;
(2) Communication to public;
(3) Distribution in the manner which may cause a damage to the copyright owner;
(4) Self-importation or importation by order into the Kingdom.
Member of WTO, takes the stance to keep on protecting the author’s right and elevates the protection for the authors.
The Copyright Act of B.E. 2537 (1994) increasingly recognizes the author’s rights. It grants two types of author’s rights. Namely, The right of paternity and the right of integrity. As for the right of paternity, the author is entitled to the acknowledgement of his identity. Should a licensee or even an assignee of copyright publishes the work without recognizing the author can demand the appropriate acknowledgement of himself. The right of integrity empowers the author to prevent the assignee of copyright or anyone else from distorting, shortening, adapting or doing anything with the work to the extent that such act would damage the reputation or dignity of the author. Despite of these rights, the author and his counterparts may agree otherwise in writing. This flexibility would allow the author to negotiate the most of his interest
The prior legal problem as to the duration of protection is solved, but there still are some questions regarding the extent of agreement between the assignor (author) and the assignee of the author’s right, the sanctions of these rights, the statute of limitation, etc.
Term of Copyright
General Rules
The consideration about the term of copyright involves two dimensions. The first dimension sees the duration that the copyright owner shall legally protected of his exclusive rights. The other dimension focuses on the chance to use the work by other after the term of protection ends. The term of copyright is invented to set equilibrium between these two interest groups, the copyright owner and the public. The former enjoys exclusive right during the term of protection while the latter can freely use the work after the expiration of copyright protection.
The Berne Convention, from the inception, set a general term of copyright for the author’s life and fifty years after his death with some exceptions. The revisions of the Berne Convention, later finds some modifications as to the term of protection. The term may be counted from the publication of the work or the making available to the public for cinema to graphic works, if the domestic laws so provide. These are minimum terms of protection, which the members have to adopt. The TRIPs Agreement principally adopts the term of copyright provided in the Berne Convention and adds a clarification as to the method of counting the term.
Term of Protection
The Copyright Act B. E. 2537 (1994) provides the term of copyright for each type of work in Sections 19 to 26. The term of protection is made consistent with the Paris Act (1971). The Act take the approach of minimum term of protection. In general, therefore, the protection runs through the life of the author and fifty years after the author’s death. The Act. In other circumstances, counts the term from the making of the work or the fist publication of the work if any. These is an exception of the fifty-year term in the case of works of applied art as permitted by the Paris Act (1971).45 For this type of work. The Act provides twenty-five years from the making of the work or, if there is a publication, twenty-five years from the fist publication
The Copyright Act classifies the term of protection for certain categories of work or authorship as follows:
(1) general term of copyright;
(2) joint authorship
(3) author being a juristic person
(4) pseudonymous or anonymous works
(5) photographic works, audiovisual. Works, cinematographic works, sound recordings and broadcasting works
(6) works of applied art
(7) works made for hire by government, government commissioned works, works made under government supervision
Beginning and Ending of Term of Copyright
The term of copyright may count from the work being made as a copyright work by virtue of the law or from the first publication or from the death of the author, as the case may be. The term shall proceed under the rules mentioned above.
The exact day of the end of the term is hardly identified due to the length of the term of copyright. The Act, thus, provides a practical way to find the expiry day. When the term of copyright protection expires during a year and the expiry date not the calendar day of the year or the exact of expiry is not known, copyright shall continue to subsist until the last day of the that calendar year
When the term of copyright ceases, there are two significant legal results. Firstly, the work shall fall within the public domain. It shall be on longs protected by copyright. The public, therefore, can use the work lawfully and without any authorization Secondly, whoever uses the work in public domain or publish such work cannot claim copyright in the work. The copyright may subsist if the user contributes to a certain extent that can be evaluated as a creation of a new work.
Copyright Infringement
While the act provides the exclusive right to the copyright owner, it also clearly specifies the acts that are considered the unlawful violation of those exclusive right. The copyright infringement according to the present Act can be classified into two categories: a) primary infringement and, b) secondary infringement.
The primary infringement is the same act, which the copyright law states that only the copyright owner has the exclusive right to do. Whoever reproduces, adapts or communicates to the public of the work protected by copyright without authorization is regarded an infringer. The copyright system, nonetheless, finds it necessary to stipulate another type of infringement to deter the primary infringement. Should the infringing copies of work be distributed through available channels, it would be an incentive for the infringement. The Act thus introduces the so-called secondary infringement by making the acts that facilitate the distribution of infringing copies of copyright work illegal.
Primary Infringement.
The Act deals with the primary infringement in two tiers. The first tier is the general rule of infringement no matter what the copyright work is. The second tier involves the primary infringement in specific copyright works.
The general rule of primary infringement stipulates that the reproduction or adaptation or communication to public of a copyright work in accordance with the Act without permission of the copyright owner shall be deemed an infringement of copyright. The meanings of “reproduction”, “adaptation” and “communication to public” are defined the same as those used in the context of exclusive rights,
Apart from the general rule, the Act specifies the acts of primary infringement for certain five copyright works, i.e., audiovisual work, cinematographic work, sound recordings. broadcasting work and computer program because the infringing act against these type of work is different from the general infringement and there are also specific exceptions for infringement of these works
(a) Audiovisual Work, Cinematographic Work and Sound Recordings
As to these works, the primary infringement concerns the reproduction, adaptation to public and the rent of original of copies of the work without authorization. The scope of infringement is broader than the general rule because, for these works, the copyright owner additionally has the exclusive rental right.
(b) Broadcasting Work
This specific work is expressed in a special manner and, thus, needs a special provision to identify the act of infringement. The Act provides that each of the following acts against the broadcasting work without authorization are deemed an infringement: (1) making an audiovisual work, a cinematographic work, sound recordings or a broadcasting work whether of the whole or in part, (2) rebroadcasting whether of the whole or in part, (3) making a broadcasting work to be heard seen in public by commercially charging money or other benefits.
(c) Computer Program
The primary infringement is the reproduction or the communication to public or the rent of the original or copies of the without authorization. One may note that the infringement acts against a computer program are identical to those against an audiovisual work, a cinematographic work or sound recordings as shown in (1) and may wonder why they have to be separate into two provisions. The computer program will see exceptions for infringement in another provision so it would be convenient to single out the infringement acts against work to match the ensuing exceptions for infringement.
The primary infringement, whether under the general rule or the provisions for certain types of copyright work, is subject to civil and criminal sanctions and. On the other hand, the Act provides a range of exception infringement, which will be discussed later.
Secondary infringement
The secondary infringement is understood as the acts which occur after the primary infringement and which somehow support the distribution of illegal copies of the work. These acts are treated illegal to establish a deterrent effect to the possible arrangement of distributing channels for the infringing copies of copyright work.
The Act, therefore, provides that whoever know or should have known that a work is made by infringing the copyright of another person and accordingly commits of the following acts for profit shall be deemed to infringing the copyright:
(1) Selling, occupying for sale, offering for sale, letting for hire, offering for lease, selling by hire purchase or offering for hire purchase;
(2) Communication to public;
(3) Distribution in the manner which may cause a damage to the copyright owner;
(4) Self-importation or importation by order into the Kingdom.
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