These two approaches adopted by the Thai Court severely impair the economic interests
of copyright owners. The first approach allows students to reproduce entire textbooks freely
under the exceptions, since most universities in Thailand normally do not have enough
textbooks to match the number of their students. The second approach allows photocopy shops
to avoid copyright infringement by relying on a ‘made to order’ basis through the order form.
In this respect, photocopy shops attempt to use the IP Court's approach to their benefit by
requesting all students and their customers who want to photocopy the books to fill in the order
forms or the employment contracts provided by the photocopy shops. As a result, they can use
these order forms as evidence to prove that the work is being reproduced by order of the
students or on behalf of the student, so that the profit granted from photocopying the work will
not be considered as profit from infringing copyright but as profits in exchange for the use of
human labour instead. This means that entire textbooks can be reproduced or multiple
reproductions can be made under the exceptions, as long as the defendant has receipts showing
that copies were made by order of the students. If such an approach to the exception continues,
it will hinder publishers’ efforts to protect their copyrights and increase the level of copyright
infringement in the Thai education sector.39 In order to ensure that the economic interests of
copyright owners are secured and that a sufficient level of incentives for creativity in the Thai
education sector can be maintained properly, the approach of the Thai court must be clarified
and changes must be made to the educational exceptions.
These two approaches adopted by the Thai Court severely impair the economic interests
of copyright owners. The first approach allows students to reproduce entire textbooks freely
under the exceptions, since most universities in Thailand normally do not have enough
textbooks to match the number of their students. The second approach allows photocopy shops
to avoid copyright infringement by relying on a ‘made to order’ basis through the order form.
In this respect, photocopy shops attempt to use the IP Court's approach to their benefit by
requesting all students and their customers who want to photocopy the books to fill in the order
forms or the employment contracts provided by the photocopy shops. As a result, they can use
these order forms as evidence to prove that the work is being reproduced by order of the
students or on behalf of the student, so that the profit granted from photocopying the work will
not be considered as profit from infringing copyright but as profits in exchange for the use of
human labour instead. This means that entire textbooks can be reproduced or multiple
reproductions can be made under the exceptions, as long as the defendant has receipts showing
that copies were made by order of the students. If such an approach to the exception continues,
it will hinder publishers’ efforts to protect their copyrights and increase the level of copyright
infringement in the Thai education sector.39 In order to ensure that the economic interests of
copyright owners are secured and that a sufficient level of incentives for creativity in the Thai
education sector can be maintained properly, the approach of the Thai court must be clarified
and changes must be made to the educational exceptions.
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