It is further proposed that the establishment of a Copyright Collecting Society (CCS) in
the Thai education sector is necessary for ensuring that copyright owners will receive a better
economic return from their investment through an effective system of royalty collection. This
should be undertaken, while at the same time making it more convenient for the users to obtain
licences for the use of educational materials, and thus reduce the number of copyright
infringements which occur as a result of the difficulties in obtaining these licences. Such an
establishment must be carried out alongside the introduction of the appropriate legal controls to
protect the users from any abuse of power by the CCS. The Thai IP Courts, in many decisions
on copyright exceptions, have recognized that the establishment of a CCS and its licensing
scheme systems in the Thai education sector is necessary. Importantly, they have followed the
UK and US approaches by holding that the educational exceptions should not apply where there
is a licensing scheme provided by the CCS in place for users. This means that the use of
educational materials will be governed by the copyright exceptions and the licensing scheme
provided by the CCS. This idea is inspired by the practice in the UK education sector, where
the use of educational material is governed by the fair dealing exceptions and the blanket
licensing scheme from the CCS. 51
It is further proposed that the establishment of a Copyright Collecting Society (CCS) in
the Thai education sector is necessary for ensuring that copyright owners will receive a better
economic return from their investment through an effective system of royalty collection. This
should be undertaken, while at the same time making it more convenient for the users to obtain
licences for the use of educational materials, and thus reduce the number of copyright
infringements which occur as a result of the difficulties in obtaining these licences. Such an
establishment must be carried out alongside the introduction of the appropriate legal controls to
protect the users from any abuse of power by the CCS. The Thai IP Courts, in many decisions
on copyright exceptions, have recognized that the establishment of a CCS and its licensing
scheme systems in the Thai education sector is necessary. Importantly, they have followed the
UK and US approaches by holding that the educational exceptions should not apply where there
is a licensing scheme provided by the CCS in place for users. This means that the use of
educational materials will be governed by the copyright exceptions and the licensing scheme
provided by the CCS. This idea is inspired by the practice in the UK education sector, where
the use of educational material is governed by the fair dealing exceptions and the blanket
licensing scheme from the CCS. 51
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