By removing the two conditions from the copyright exceptions, in relation to the scope
of the educational exceptions under the Thai CA 1994, the Court would then be able to
determine the question of whether the use is fair in accordance with the conditions in the
exceptions in the list of permitted acts in Section 32(2) of the Thai CA 1994 and the specific
exceptions in Sections 33 to 35, without the need to rely on the two conditions in Section 32(1).
At the same time, these exceptions would satisfy the requirement of ‘certain special cases’ in the
three-step test, since the educational exceptions would only apply if the work is used for one of
the approved purposes specified in the exception in the list of permitted acts or specific
exceptions. This means that any other types of use, which do not explicitly come under the
protection of these provisions, will not be exempted pursuant to these provisions, regardless of
how 'fair' they are. Since the uncertainty of the exceptions as a whole stems from the two
conditions, their removal from the educational exceptions will automatically eliminate the
problems of ambiguity, including the issue of whether the two conditions in Section 32(1) can
be applied as a general exception.
By removing the two conditions from the copyright exceptions, in relation to the scope
of the educational exceptions under the Thai CA 1994, the Court would then be able to
determine the question of whether the use is fair in accordance with the conditions in the
exceptions in the list of permitted acts in Section 32(2) of the Thai CA 1994 and the specific
exceptions in Sections 33 to 35, without the need to rely on the two conditions in Section 32(1).
At the same time, these exceptions would satisfy the requirement of ‘certain special cases’ in the
three-step test, since the educational exceptions would only apply if the work is used for one of
the approved purposes specified in the exception in the list of permitted acts or specific
exceptions. This means that any other types of use, which do not explicitly come under the
protection of these provisions, will not be exempted pursuant to these provisions, regardless of
how 'fair' they are. Since the uncertainty of the exceptions as a whole stems from the two
conditions, their removal from the educational exceptions will automatically eliminate the
problems of ambiguity, including the issue of whether the two conditions in Section 32(1) can
be applied as a general exception.
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