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The Copyrignt Act's purpose are to protect the benefit of a person who uses his expertise to crest a work, and to support new work creatio which will be useful for all human beings. If a person makes a work under the conditions of the law, he shall alone be entitked according to the Act to do any and all acts, for examole, reproduction, adaption, publication and granting benefit attached to the copyright. Since the copyright is a actegory of property, an intellectial property that many countries intend to protect the authors by stipulating the internal law having the purposes to protect the just rights of the copyright owener without prejudice to other social rights that the public can make use of the work copyrighted. The present internal law of Thailand is the Copyright Act B.E. 2521 (1978) being in force on December 19m 1978. The acquisition of copyright for the protection under the Copyright Act B.E. 2521 (1978) can be classified into five actegories as follows: 1. The acquisition of copyrights by ab author who creates a work with physical appearance by his own initiative. 2. The work copyrighted is adapted with consent of the owner of the copyright. 3. The work copyrighted is collected or composed with the consent of the owner of the copyright. 4. The acquisition by virtue of a juristic act, for example, a contract transferring the copyright. 5. The acquisition by virtue of the result of law, for example, the succession.The owner of the copyright is protected by law to solely have the rights to reproduce, publish, grant benefit accuring form the copyright to other persons and grant other persons to reproduce or publish. The copyright sahll subsist for life of the author and shall continue to subsit until the end of the period of fifty years fron the dealth of the author. The publication of any copyright work after the termination of the term of protection of the copyright shall not give rise to the copyright in that work anew. Infringement of Copyright 1. Direct Infringement means a reproduction or adaptation or publication of the work copyrighted wthout consent. 2. Indirect Infringement means that a person, to his hnowledge of the work constituting an infringement of the copyright of other person, sells, leases, sells on hire-purchase or publish, distribute or imports or orders the work for importation into the kingdom. Exceptions form Infringement of Copyright: An act done in relation of the work copyrighted shall not constitute an infringement of copyright if it is done as to the following pirposes: 1. research or study; 2. use for one's own benefit or for the benefit of members of his family or relatives and friends; 3. criticism, comment or review of the work accompanied by an acknowledgement of the ownership of the copyright in such work; 4. report of current events thriugh the mass-media, accompanied by an acknowledgement of the ownership of the copyright in such work l 5. reproduction, adaptation, exhibition or making available for the purpose of judicial or administrative proceedings under the law;6. reproduction, adaption, exhibition or making available by a teacher for teaching purpose; 7. copying, duplicating, addapting a part of such work or abridging or making a summary by a teacher or educational institution according to the suitability of purposes and to the necessary number for distributing or selling to students in the class or in the educational institution ;8. utilising the work as a part of the examination questions and answer ; 9. copying from, emulating of , or reference to any art to the work copyrighted with an acknowledgement of the ownership of the copyright insuch work ; 10. The librarian of a library in a reasonable reproduction of the work copyrighted, if not being made for profit-making purposes but, for use in the library or for supplying to the other libraries or persons for the purpose of research or study. 11. The published of a publication of audio-visual or cinema tographic work, if not being made for profit purpose but, causing the work to be heard or seen for pleasure ofthe people who use the service of a restaurant, resort,etc., or cuasing the work to be heard or seen for pleasure of the people by and association, foundation or other organization having a charitable, educational, religious or social-welfare purpose. 12. The person who does a drawing, painting, building, engraving, moulding, carving, lithographing, photographing, cinematographic taking video broadcasting or any similar act in relation to any artictic work which is displayed in a public place and is not the work of architecture. 13. The person who does a drawing, painting, engraving moulding, carving, lithographing, photographing, cinematographic taking, or video broadcasting in relation to the work of architecture. 14. The person who restores a building being a work of architecture copyrighted. 15. The official or under the direction of the official in a reproduction for supplying to any person for the service of the government of a work copyrighted and is in the possession of the government. An infringement of copyright is subject to both civil and criminal action: the owner of the copyright is entitled to claim for compensation in the Civil Court and to file a criminal lawsuit by himself, or to file a claim to as inquiry official in order that the public prosecutor will file the lawsuit for him. The prescription of an action for an infringement is three years form the day when the owner becomes awares of the infringement but but, it must not be entered later than ten years from the date of the infringement of the copyright. The international copyright purposes to extend the protection of copyright to other countries as to the agreements which nowadays are known as the international conventions: The Berne Convention for Protection of Literary and Artistic Works and the Universal Copyright Convention. The two conventions are stipulated to protect the copyright in the contracting states by the rule of reciprocity.Thailand has been a number of two parts of the Berne Convention: The Berlin Act 1908 completed by the additional Protocol 1914 with some reservation and The Berne Convention 1886 and /or The Paris Act 1896. The international copyright to be protected must be as to the conditions stated in the Royal Decree on the Conditions of the International Copyright Protection B.E. 2526 *1982) which is in force on February 1982, for example, the copyright of translation if the copyright owner does not provide or grant any person to do a translation in Thai language and to have the translation published in the kingdom within ten years form the end of the calendar year of the first publication, the right to prohitbit the reproduction or adaptation or publication o the translation in the kingdom is expired. Moreover, Thailand has agreements on the international copyright as to the Treaty of Amity and Economic Relations between the kingdom of Thailand and the United States o America. Since Thailand follows the doctrine that the treaty cannot automatically be in force as the internal law, such treaty cannot be effective asthe internal law. |
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