The third factor contributing to the difficulties in protecting the economic interests of
copyright owners is the absence of a Copyright Collecting Society (CCS) in the Thai education sector. The IP Court in Decision No. 784/2542 outlined this problem and suggested the
establishment of a CCS as follows:
‘... it does not appear that the printing house who is the copyright owner in
this case has appointed a representative for granting of permission to use right
in Thailand. If students, teachers or photocopy shops which are
representatives of such persons in Thailand must request permission from the
copyright owner for a justified duplication, it does not appear how such
persons or organizations must proceed.’
Similarly, the IP Court in Decision No. 785/2542 acknowledged this absence holding
that, although the plaintiff had requested the court to impose severe penalties (imprisonment and
heavy fine) on the defendant by claiming that the defendant’s act adversely affected the
economy and international trade relations, it would not impose these penalties for the following
reason:
‘... the publisher who is the copyright owner in this case has never appointed a
representative for the purpose of licensing persons in Thailand to utilize the
copyright work. If students, teachers or photocopy shops who are
representatives of those persons in Thailand want to apply for a licence from
the copyright owner so that they can make copies of the work legally, such
persons or organization would not know how to apply for such licence.’
The Court was of the view that the injured party should take partial responsibility for
the copyright infringement in this case. The Court suggested that the users (defendant) and the
publishers (the injured party) should set up ‘a Royal Collecting Organization for various kinds
of literary work which are used in teaching and studying’.
The third factor contributing to the difficulties in protecting the economic interests of
copyright owners is the absence of a Copyright Collecting Society (CCS) in the Thai education sector. The IP Court in Decision No. 784/2542 outlined this problem and suggested the
establishment of a CCS as follows:
‘... it does not appear that the printing house who is the copyright owner in
this case has appointed a representative for granting of permission to use right
in Thailand. If students, teachers or photocopy shops which are
representatives of such persons in Thailand must request permission from the
copyright owner for a justified duplication, it does not appear how such
persons or organizations must proceed.’
Similarly, the IP Court in Decision No. 785/2542 acknowledged this absence holding
that, although the plaintiff had requested the court to impose severe penalties (imprisonment and
heavy fine) on the defendant by claiming that the defendant’s act adversely affected the
economy and international trade relations, it would not impose these penalties for the following
reason:
‘... the publisher who is the copyright owner in this case has never appointed a
representative for the purpose of licensing persons in Thailand to utilize the
copyright work. If students, teachers or photocopy shops who are
representatives of those persons in Thailand want to apply for a licence from
the copyright owner so that they can make copies of the work legally, such
persons or organization would not know how to apply for such licence.’
The Court was of the view that the injured party should take partial responsibility for
the copyright infringement in this case. The Court suggested that the users (defendant) and the
publishers (the injured party) should set up ‘a Royal Collecting Organization for various kinds
of literary work which are used in teaching and studying’.
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