Nevertheless, the establishment of the CCS in the Thai education sector without any
legal control may result in additional problems, since the CCS could potentially abuse its power
in an anti-competitive way, as well as setting unfair royalty rates for the users. For this reason,
it is necessary to have a dedicated governmental body and regulations to control the operation of
the CCS in the Thai education sector. In addition, in order to allow the CCS to function
effectively, its establishment must be undertaken hand in hand with the improvement of the
educational exceptions to support the operation of the CCS. These educational exceptions must
function as an instrument to encourage the copyright owner to participate in the prospective
CCS and its licensing scheme system, similar to the United Kingdom. For example, the
exception for reprographic copying by educational establishments in Section 36 of the UK CDPA 1988 clearly stipulates that the exception will not apply if licences are available and the
person making the copies knew or should have been aware of that fact.52 Similarly, the
exception for recording by educational establishments in Section 35 also indicates that if there is
a certificated licensing scheme, the exception will not apply and the educational establishment
has to obtain such licences.53 These exceptions are consistent with the approach of the UK
Copyright Tribunal in the Universities UK case54, which stated that the exceptions for
educational establishments will not apply if a licensing scheme is available. Without the
appropriate copyright exceptions, the CCS and its licensing scheme systems cannot function
effectively. Thus the educational exceptions in the Thai CA 1994 need to be developed in order
to support the operation of the prospective CCS in the Thai education sector.