THE NATURE OF THE PROBLEMS
Copyright exceptions are one of the problematic areas in the Thai CA 1994 as many
provisions are unclear, making it difficult to protect copyright works in the Thai education
sector. If copyrighted works and educational materials are to be made readily available in the
mass education market, there is a need to ensure that the copyright owners can obtain an
economic return on their investment. Thus, it is important to ensure that the scope of
infringement and copyright exceptions are clear and certain in order to facilitate the
enforcement of copyright law. Presently, the exceptions of the Thai CA 1994 are still far from
achieving this goal.
The current copyright law and its exceptions cannot effectively protect the exclusive
rights and economic interests of copyright owners because of three factors: (1) the obscurity
and ambiguity of the educational exceptions under the Thai CA 1994; (2) the current approach
of the Thai Court to the exceptions has weakened the copyright protection regime in the
education sector; and (3) the absence of a Copyright Collecting Society (CCS) in the education
sector makes it more difficult for users to obtain a licence for the use of copyrighted works.
These three factors not only make copyright protection and its exceptions ineffective in
safeguarding the economic interests of copyright owners, but also undermine the goal of copyright law, which is to encourage greater creativity.
THE NATURE OF THE PROBLEMS Copyright exceptions are one of the problematic areas in the Thai CA 1994 as many provisions are unclear, making it difficult to protect copyright works in the Thai education sector. If copyrighted works and educational materials are to be made readily available in the mass education market, there is a need to ensure that the copyright owners can obtain an economic return on their investment. Thus, it is important to ensure that the scope of infringement and copyright exceptions are clear and certain in order to facilitate the enforcement of copyright law. Presently, the exceptions of the Thai CA 1994 are still far from achieving this goal. The current copyright law and its exceptions cannot effectively protect the exclusive rights and economic interests of copyright owners because of three factors: (1) the obscurity and ambiguity of the educational exceptions under the Thai CA 1994; (2) the current approach of the Thai Court to the exceptions has weakened the copyright protection regime in the education sector; and (3) the absence of a Copyright Collecting Society (CCS) in the education sector makes it more difficult for users to obtain a licence for the use of copyrighted works. These three factors not only make copyright protection and its exceptions ineffective in safeguarding the economic interests of copyright owners, but also undermine the goal of copyright law, which is to encourage greater creativity.
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