This rationale seems to be consistent with the recommendation of the International
Intellectual Property Alliance (IIPA), which states that the ambiguous educational exceptions in
Section 32 of the Thai CA 1994 are the chief problem hindering the enforcement of copyright
protection in Thailand. The report observes that the educational exceptions in Section 32 of
the Thai CA 1994 are poorly drafted and contain gaps which can be interpreted to allow the
photocopying of entire textbooks or substantial portions freely. They thus lack a clear
limitation as to the amount of reproduction or clear prohibition of multiple reproductions and
fail to specify that photocopy shops making photocopies of published materials for students can
be held liable for copyright infringement. Hence, it requested that this loophole be closed.
The second factor which makes it more problematic to safeguard the economic interests
of copyright owners was created by the IP Court in Decision No. 784/2542. In this vein the
Thai Court has never made clear whether multiple reproductions of copyrighted materials are
lawful, pursuant to the educational exceptions. It creates two problematic approaches that
weaken copyright protection in the Thai education sector. The Court's first approach allows the
reproduction of entire textbooks under the exceptions for research and study, when the numbers
of the textbooks in the library were not available to match the numbers and the needs of students
or the price of books was unreasonably expensive. In its report, the IIPA states that Section 32
of the Thai CA 1994 creates an unclear and overly broad exception, which has been broadly
interpreted by the Thai courts to allow unauthorized photocopying of entire textbooks or substantial portions of published materials, as long as the copy is made for educational
purposes.
This rationale seems to be consistent with the recommendation of the International Intellectual Property Alliance (IIPA), which states that the ambiguous educational exceptions in Section 32 of the Thai CA 1994 are the chief problem hindering the enforcement of copyright protection in Thailand. The report observes that the educational exceptions in Section 32 of the Thai CA 1994 are poorly drafted and contain gaps which can be interpreted to allow the photocopying of entire textbooks or substantial portions freely. They thus lack a clear limitation as to the amount of reproduction or clear prohibition of multiple reproductions and fail to specify that photocopy shops making photocopies of published materials for students can be held liable for copyright infringement. Hence, it requested that this loophole be closed. The second factor which makes it more problematic to safeguard the economic interests of copyright owners was created by the IP Court in Decision No. 784/2542. In this vein the Thai Court has never made clear whether multiple reproductions of copyrighted materials are lawful, pursuant to the educational exceptions. It creates two problematic approaches that weaken copyright protection in the Thai education sector. The Court's first approach allows the reproduction of entire textbooks under the exceptions for research and study, when the numbers of the textbooks in the library were not available to match the numbers and the needs of students or the price of books was unreasonably expensive. In its report, the IIPA states that Section 32 of the Thai CA 1994 creates an unclear and overly broad exception, which has been broadly interpreted by the Thai courts to allow unauthorized photocopying of entire textbooks or substantial portions of published materials, as long as the copy is made for educational purposes.
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