Concerning the first factor, one of the key issues arises from the two conditions set out
in Section 32(1) – the mainspring of the whole body of exceptions under the Thai CA 1994,
which states that an act against a copyrighted work of the copyright owner should not be
regarded as an infringement of copyright if two conditions are met. The first condition is that
the action or reproduction must not conflict with a normal exploitation of the copyrighted work
by the copyright owner; and the second condition is that the action or reproduction must not
unreasonably prejudice the legitimate right of the copyright owner. These two conditions are
most important because all educational exceptions in the list of permitted acts in Section 32(2)
(such as the exceptions for research and study in paragraph 2(1); for teaching in paragraph 2(6);
for educational institutions in paragraph 2(7); and for use in examinations in paragraph 2(8); as
well as the specific exception for use as reference in Section 33 and for library use in Section
34) require that the two conditions be satisfied together with other additional conditions, in
order to be exempted from copyright infringement under the umbrella of these sections.