Finally, the recognition of Section 32(1) as a general exception even in limited
circumstances for the purpose of filling gaps in the copyright exceptions is in breach of the
Berne requirement of ‘certain special cases’, which is intended to make the exceptions under
national copyright law more explicit and certain by confining them. The recognition of
Section 32(1) as a general exception, even in a limited sense, for the purpose of filling the gap
where the specific exceptions cannot cover the issues is still problematic when it comes to
predicting when the exception will apply since the Thai CA 1994 has many gaps and unclear
provisions. If the two conditions are permitted to be applied as general exceptions, such as the
US fair use approach, it would only cause additional problems and make the copyright
exception even more uncertain.
Finally, the recognition of Section 32(1) as a general exception even in limited
circumstances for the purpose of filling gaps in the copyright exceptions is in breach of the
Berne requirement of ‘certain special cases’, which is intended to make the exceptions under
national copyright law more explicit and certain by confining them. The recognition of
Section 32(1) as a general exception, even in a limited sense, for the purpose of filling the gap
where the specific exceptions cannot cover the issues is still problematic when it comes to
predicting when the exception will apply since the Thai CA 1994 has many gaps and unclear
provisions. If the two conditions are permitted to be applied as general exceptions, such as the
US fair use approach, it would only cause additional problems and make the copyright
exception even more uncertain.
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