WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects of 
Intellectual Property Rights IP /N/1/THAlC/1/Rev.1 
28 March 2003 
(03-1765) 
Original: English! 
anglais/ 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
THAILAND 
Revision 
The present document reproduces the texe of the revised version of the English unofficial translation of the 
Copyright Act B.E. 2537 (1994), which replaces the text distributed in document IP/NIlITHAlCIl, as notified by Thailand 
under Article 63.2 of the Agreement (see document IP/N/I/THAlI). 
Conseil des aspects des droits de proprit~te 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
THAILANDE 
Revision 
Le present document contient le texte1 de la version anglaise non officielle revisee de la Loi B.E. 2537 (1994) sur 
le droit d'auteur, qui remplace le texte distribue dans le document IPINI1/THAlC/I, notifie par la ThaYlande au titre de 
l'article 63:2 de l'Accord (voir le document IPINI1/THAlI). 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL pARRAFO 2 DEL ARTiCULO 63 DEL ACUERDO 
TAILANDIA 
Revision 
En el presente documento se reproduce el texto1 de la version revisada de la traduccion no oficial al ingles de la 
Ley B.E. 2537 (1994) del Derecho de Autor, que sustituye al texto distribuido en el documento IPINIlITHAlCIl, notificado 
por Tailandia en virtud del parrafo 2 del articulo 63 del Acuerdo (vease el documento IPINIlITHAIl). 
1 In English only. The text in the original language is available for consultation by interested Delegations at the WTO 
Secretariat.lEn anglais seulement. Les delegations interessees peuvent consulter le texte dans sa langue d'origine, au Secretariat de 
l'OMC.lEn ingles solamente. Las delegaciones interesadas podrin consultar en la Secretaria de la OMC el texto en su idioma original. IP/N/1/THA/C/1/Rev.l 
Page 2 
COPYRIGHT ACT 
B.E.2537 
BHUMIBOL ADUL Y ADEJ, REX. 
Given on the 9th day of DECEMBER, B.E. 2537; 
Being the 49th Year of the Present Reign. 
His Majesty King Bhumibol Adulyadej is graciously pleased to proclaim that: 
Whereas it is expedient to revise the law on copyright; 
Be it, therefore, enacted by the King, by and with the advice and consent of the 
National Assembly as follows. 
Section 1. This Act is called the "Copyright Act B.E. 2537".* 
Section 2. This Act shall come into force after ninety days as from the date of 
its publication in the Government Gazette. ** 
Section 3. The Copyright Act B.E. 2521 shall be repealed. 
Section 4. In this Act: 
"author" means a person who makes or creates any work, which is a copyright 
work by virtue of this Act; 
"copyright" means the exclusive right to do any act by virtue of this Act with 
respect to the work created by the author; 
"literary work" means any kind of literary work such as books, pamphlets, 
writings, printed matters, lectures, sermons, addresses, speeches, including computer 
programs; 
"computer program" means instructions, set of instructions or any other things, 
which are used with a computer so as to operate the computer or to generate an output, 
whichever the computer language is; 
"dramatic work" means a work with respect to choreography, dancing, acting or 
performance in dramatic arrangement, including a pantomime; 
"artistic work" means a work of anyone or more of the following characters: 
(1) work of painting and drawing which means a creation of configuration 
consisting of either lines, lights, colours or other things or the composition thereof upon 
one or more materials; 
(2) work of sculpture which means a creation of configuration with tangible 
volume; 
• A.D. 1994 . 
•• Published in Government Gazette, Vo!. 111, Part 59a, dated 21 st December B.E. 2537. IPIN/lITHA/C/lIRev.l 
Page 3 
(3) work of lithography which means a creation of picture by printing process 
and includes a printing block or plate used in the printing; 
(4) work of architecture which means a design of building or construction, an 
interior or exterior design as well as a landscape design or a creation of a model of 
building or construction; 
(5) photographic work which means a creation of images with the use of an 
image-recording equipment allowing light to pass through a lens to a film or a piece of 
glass and to be developed with liquid chemical of specific formula or with any process 
that creates images, or a recording of images with other equipments or methods; 
(6) work of illustration, map, structure, sketch or three -dimensional work with 
respect to geography, topography or science; 
(7) work of applied art which means a work applying each or a composition of 
the works mentioned in (1) to (6) for other uses apart from the appreciation in the merit 
of the work, such as for practical use, decoration of materials or appliances, or for 
commercial benefit; 
provided that, whether or not the work in (1) to (7) has an artistic value and it 
shall include photographs and plans of such works; 
"musical work" means a work with respect to a song which is composed for 
playing or singing whether with melody and lyrics or only melody, including arranged 
and transcribed musical notes or musical diagram; 
"audiovisual work" means a work consisting of a series of images recorded on 
any kind of materials and capable of being replayed with an equipment necessary for 
such material, including the sounds accompanying such work, if any; 
"cinematographic work" means an audiovisual work consisting of a series of 
images which can be shown in succession as motion pictures or can be recorded upon 
other materials so as to be shown in succession as motion pictures, including the sounds 
accompanying such motion pictures, if any; 
"sound recording" means a work consisting of a series of music, sound of a 
performance or any other sounds recorded on any kind of material and capable of being 
replayed with an equipment necessary for such material, but not including the sounds 
accompanying a cinematographic work or another audiovisual work; 
"performer" means a performer, musician, vocalist, choreographer, dancer, and 
a person who acts, sings, speaks, narrates or performs in accordance with the script or 
performs in any other manner; 
"broadcasting work" means a work which is communicated to public by means 
of radio broadcasting, sound and/or video broadcasting on television or by any other 
similar means; 
"reproduction" includes any method of copying, imitation, duplication, 
moulding, sound recording, video recording or sound and video recording for the 
significant part from the original, copy or publication whether in whole or in part and, 
as for a computer program, means duplication or copying of the program from any 
medium for the significant part with any method without a manner of creating a new 
work whether in whole or in part; IP/N/I/THA/C/lfRev.l 
Page 4 
"adaptation" means a reproduction by transformation, improvement, 
modification or emulation of the original work for the significant part without a manner 
of creating a new work whether in whole or in part; 
(1) with regard to literary work, it shall include a translation, a transformation or 
a compilation by means of selection and arrangement; 
(2) with regard to computer program, it shall include a reproduction by means 
of transformation, improvement or modification of the program for the significant part 
without a manner of creating a new work; 
(3) with regard to dramatic work, it shall include the alteration of a non­
dramatic work to a dramatic work or a dramatic work to a non-dramatic work, whether 
in the original language or another language; 
(4) with regard to artistic work, it shall include the alteration of a two­
dimensional work or a three-dimensional work to a three-dimensional work or a two­
dimensional work or the making of a model from the original work; 
(5) with regard to musical work, it shall include an arrangement of tunes or an 
alteration of lyrics or melody; 
"communication to public" means making the work available to public by 
means of performing, lecturing, preaching, music playing, causing the perception by 
sound or image, constructing, distributing or by any other means; 
"publication" means the distribution of duplicated copies of a work, whatever 
may be the form or character, with consent of the author where such copies are 
available to the public with a reasonable quantity having regard to the nature of the 
work; provided that the performance or play of a dramatic work, a musical work or a 
cinematographic work, the lecture or the recitation of a literary work, the sound and 
video broadcasting of a work, the exhibition of an artistic work and the construction of 
a work of architecture shall not constitute publication; 
"official" means a person appointed by the Minister for the execution of this 
Act; 
"Director-General" means the Director-General of the Department of 
Intellectual Property and shall include the persons entrusted by the Director-General of 
the Department of Intellectual Property; 
"Board" means the Copyright Board; 
"Minister" means the Minister having charge and control of the execution of 
this Act. 
Section 5. The Minister of Commerce shall have charge and control of the 
execution of this Act and shall have the power to appoint competent officials and issue 
Ministerial Regulations for the execution of this Act. 
Such Ministerial Regulations shall come into force upon their publication in the 
Government Gazette. CHAPTERl 
COPYRIGHT 
PARTl 
COPYRIGHT WORK IP/N/1/THA/C/l/Rev.l 
Page 5 
Section 6. Copyright works by virtue of this Act mean works of authorship in 
the categories of literary, dramatic, artistic, musical, audiovisual, cinematographic, 
sound recording, sound and video broadcasting work or any other works in the literary, 
scientific or artistic domain, whatever may be the mode or form of its expression. 
Copyright protection shall not extend to any idea or procedure, process or 
system or method of use or operation or concept, principle, discovery or scientific or 
mathematical theory. 
Section 7. The followings are not deemed copyright works by virtue of this Act: 
(1) news of the day and facts having the character of mere information which is 
not a work in literary, scientific or artistic domain; 
(2) constitution and legislation; 
(3) regulations, rules, announcements, orders, explanations and official 
correspondence of the Ministries, Departments or any other government or local units; 
(4) judicial decisions, orders, rulings and official reports; 
(5) translation and compilation of those in (1) to (4) made by the Ministries, 
Departments or any other government or local units. 
PART 2 
ACCUSITION OF COPYRIGHT 
Section 8. The author is the owner of copyright in the work of authorship 
subject to the following conditions: 
(1) In the case of unpublished work, the author must be a Thai national or reside 
in Thailand or be a national of or reside in a country which is a member of the 
Convention for the protection of copyright of which Thailand is a member, provided 
that the residence must be at all time or most of the time spent on the creation of the 
work; 
(2) In the case of published work, the first publication must be made in 
Thailand or in a country which is a member of the Convention for the copyright 
protection of which Thailand is a member, or in the case the first publication is made 
outside Thailand or in a country which is not member of the Convention for the 
copyright protection of which Thailand is a member, if the publication of the said work 
is subsequently made in Thailand or in a country which is member of the Convention 
for the copyright protection of which Thailand is a member within thirty days as from 
the first publication, or the author has the qualifications as prescribed in (1) at the time 
ofthe first publication. 
In case the author must be a Thai national, if the author is a juristic person, it 
must be established under the Thai law. IP/N/1/THAICIlIRev.l 
Page 6 
Section 9. Copyright in the work created by the author in the course of 
employment vests in the author unless it has been otherwise agreed in writing; provided 
that the employer is entitled to communicate such work to public in accordance with 
the purpose of the employment. 
Section 10. Copyright in the work created in the course of commission vests in 
the employer, unless the author and the employer have agreed otherwise. 
Section 11. Copyright in the work which is an adaptation of a copyright work 
by virtue of this Act done with the consent of the owner of copyright vests in the person 
who makes such adaptation but without prejudice to the owner of copyright in the 
work, created by the original author, which is adapted. 
Section 12. Copyright in the work which is a compilation or a composition of 
copyright works by virtue of this Act done with the consent of the owners of copyright 
or a compilation or a composition of data or the materials which are readable, or 
conveyable by a machine or other apparatus vests in the person who makes the 
compilation or the composition; provided that he has done so by means of selection or 
arrangement in the manner which is not an imitation of the work of another person but 
without prejudice to the owners of copyright in the works or data or other materials, 
created by the original authors, which are complied or composed. 
Section 13. Section 8, Section 9 and Section 10 shall apply mutatis mutandis to 
the acquisition of copyright under Section 11 or Section 12. 
Section 14. Ministries, Departments or other government or local units are the 
owners of copyright in the works created in the course of employment, order or control 
unless it is otherwise agreed in writing. 
PART 3 
COPYRIGHT PROTECTION 
Section 15. Subject to Section 9, Section 10 and Section 14, the owner of 
copyright has the exclusive rights of: 
(1) reproduction or adaptation; 
(2) communication to public; 
(3) letting for hire of the original or the copies of a computer program, an 
audiovisual work, a cinematographic work and a sound recording; 
(4) giving benefits accruing from the copyright to other persons; 
(5) licensing the rights mentioned in (1), (2) or (3) with or without conditions, 
provided that the said conditions shall not unfairly restrict the competition. 
Whether the conditions as mentioned in sub-section (5) of paragraph one are 
unfair restrictions of competition or not shall be considered in accordance with the 
rules, methods and conditions set forth in the Ministerial Regulation. 
Section 16. The authorization by the owner of copyright by virtue of this Act to 
a person to exercise the right according to Section 15(5) shall not restrict the owner of 
copyright from granting such authorization to another person, except that the restriction 
is specified in a written authorization. Section 17. Copyright is assignable. IP/N/lITHA/C/l/Rev.l 
Page 7 
The owner of copyright may assign the copyright in whole or in part and may 
assign it for a limited duration or for the entire term of copyright protection. 
The assignment of copyright by other means, except by inheritance, must be 
made in writing with signatures of the assignor and the assignee. If the duration is not 
specified in the assignment contract, the assignment shall be deemed to last for ten 
years. 
Section 18. The author of a copyright work by virtue of this Act is entitled to 
identify himself as the author and to prohibit the assignee or any person from distorting, 
shortening, adapting or doing anything with the work to the extent that such act would 
cause damage to the reputation or dignity of the author. When the author is dead, the 
heir of the author is entitled to a litigation for the enforcement of such right through the 
term of copyright protection, unless otherwise agreed in writing. 
PART 4 
TERM OF 
COPYRIGHT PROTECTION 
Section 19. Subject to Section 21 and Section 22, copyright by virtue of this 
Act endures for the life of the author and fifty years after the death of the author. 
In the case of a work of joint authorship, copyright endures for the life of the 
joint-authors and fifty years as from the death of the last surviving joint-author. 
If the author or all joint-authors is or are dead prior to the publication of the 
work, copyright endures for fifty years as from the first publication of the work. 
In the case of the author being a juristic person, copyright endures for fifty years 
as from the authorship; provided that if the work is published during such period, 
copyright endures for fifty years as from the first pUblication. 
Section 20. Copyright by virtue of this Act in a work which is created by a 
pseudonymous or anonymous author endures for fifty years as from the authorship; 
provided that if the work is published during such period, copyright endures for fifty 
years as from the first publication. 
If the identity of the author becomes known, Section 19 shall apply mutatis 
mutandis. 
Section 21. Copyright in a photographic work, an audiovisual work, a 
cinematographic work, a sound recording or an audio and video broadcasting work 
endures for fifty years as from the authorship; provided that if the work is published 
during such period, copyright endures for fifty years as from the first publication. 
Section 22. Copyright in a work of applied art endures for twenty-five years as 
from the authorship; provided that if the work is published during such period, 
copyright endures for fifty years as from the first publication. IP/N/1/THA/C/1/Rev.l 
Page 8 
Section 23. Copyright in a work which is created in the course of employment, 
instruction or control in accordance with Section 14 endures for fifty years as from the 
authorship; provided that if the work is published during such period, copyright endures 
for fifty years as from the first publication. 
Section 24. The publication under Section 19, Section 20, Section 21, Section 
22 or Section 23 which is t..~e commencement of the term of copyright protection means 
the publication of the work with consent of the owner of copyright. 
Section 25. When the term of copyright protection expires during a year and 
the expiry date is not the last calendar day of the year or the exact date of expiration is 
not known, copyright endures until the last day of that calendar year. 
Section 26. The publication of a copyright work after the expiration ofthe term 
of copyright protection shall not cause anew the copyright in such work. 
PARTS 
INFRINGEMENT OF COPYRIGHT 
Section 27. Any ofthe following acts against a copyright work by virtue of this 
Act without authorization in accordance with Section 15(5) is deemed an infringement 
of copyright: 
(1) reproduction or adaptation; 
(2) communication to public. 
Section 28. Any of the following acts against an audiovisual work, a, 
cinematographic work or a sound recording copyrightable by virtue of this Act without 
authorization in accordance with Section 15(5) whether against the sounds or images is 
deemed an infringement of copyright: 
(1) reproduction or adaptation; 
(2) communication to public; 
(3) letting for hire of the original or copies of the work. 
Section 29. Any of the following acts against a sound and video broadcasting 
copyrightable by virtue of this Act without authorization in accordance with Section 
15(5) is deemed an infringement of copyright: 
(1) making an audiovisual work, a cinematographic work, a sound recording or 
a sound and video broadcasting work whether in whole or in part; 
(2) re broadcasting whether in whole or in part; 
(3) making a sound and video broadcasting work to be heard or seen in public 
by charging money or other commercial benefits. 
Section 30. Any of the following acts against a computer program 
copyrightable by virtue of this Act without authorization in accordance with Section 
15(5) is deemed an infringement of copyright: 
(1) reproduction or adaptation; 
(2) communication to public; 
(3) letting for hire of the original or copy of the work. IPIN/1/THA/C/I/Rev.l 
Page 9 
Section 31. Any person who knows or should have known that a work is made 
by infringing the copyright of another person and commits any of the following acts 
against the work for profit is deemed to infringe the copyright: 
(1) selling, occupying for sale, offering for sale, letting for hire, offering for 
letting for hire, selling by hire purchase or offering for hire purchase; 
(2) communication to public; 
(3) distribution in the manner which may affect prejudicially the owner of 
copyright; 
(4) self-importation or importation by order into the Kingdom. 
PART 6 
EXCEPTIONS OF 
INFRINGEMENT OF COPYRIGHT 
Section 32. An act against a copyright work by virtue of this Act of another 
person which does not conflict with a normal exploitation of the copyright work by the 
owner of copyright and does not unreasonably prejudice the legitimate right of the 
owner of copyright is not deemed an infringement of copyright. 
Subject to paragraph one, any act against the copyright work in paragraph one is 
not deemed an infringement of copyright; provided that the act is each of the 
followings: 
(1) research or study of the work which is not for profit; 
(2) use for personal benefit or for self benefit together with the benefit of other 
family members or close relatives; 
(3) comment, criticism or introduction of the work with an acknowledgement 
of the ownership of copyright in such work; 
(4) news reporting through mass media with an acknowledgement of the 
ownership of copyright in such work; 
(5) reproduction, adaptation, exhibition or display for the benefit of judicial 
proceedings or administrative proceedings by authorized officials or reporting such 
proceedings; 
(6) reproduction, adaptation, exhibition or display by an instructor for the 
benefit of instruction provided that the act is not for profit; 
(7) reproduction, adaptation in part of a work or abridgement or making a 
summary by an instructor or an educational institution so as to distribute or sell to 
students in a class or in an educational institution provided that the act is not for profit; 
(8) use of the work as part of questions and answers in an examination. 
Section 33. A reasonable recitation, quotation, copying, emulation or reference 
in part from a copyright work by virtue of this Act with an 
acknowledgement of the ownership of copyright in such work is not deemed an 
infringement of copyright; provided that Section 32 paragraph one is complied with. 
Section 34. A reproduction of a copyright work by virtue of this Act by a 
librarian in the following cases is not deemed an infringement of copyright; provided 
that the purpose of such reproduction is not for profit and Section 32 paragraph one is 
complied with: 
(1) reproduction for use in the library or another library; 
(2) reasonable reproduction in part of a work for another person for the 
benefit of research or study. IPINIlITHAIC/I/Rev.l 
Page 10 
Section 35. An act against a computer program which is a copyright work by 
virtue of this Act in the following cases is not deemed an infringement of copyright; 
provided that the purpose is not for profit and Section 32 paragraph one is complied 
with: 
(1) research or study of the computer program; 
(2) use for the benefit of the owner of the copy of the computer program; 
(3) comment, criticism or introduction of the work with an acknowledgement of 
the ownership of the copyright in the computer 
program; 
(4) news reporting through mass media with an acknowledgement of the 
ownership of copyright in the computer program; 
(5) making a reasonable quantity of copies of a computer program by a person 
who has legitimately bought or obtained the program from 
another person so as to keep them for maintenance or prevention of loss; 
(6) reproduction, adaptation, exhibition or display for the benefit of judicial 
proceedings or administrative proceedings by authorized officials or reporting such 
proceedings; 
(7) use of the computer program as part of questions and answers in an 
examination; 
(8) adapting the computer program as necessary for use; 
(9) making copies of the computer program so as to keep them for reference 
or research for public interest. 
Section 36. The public performance, as appropriate, of a dramatic work or a 
musical work which is not organized or conducted for seeking profit from such activity 
and without direct or indirect charge and the performers not receiving remuneration for 
such performance is not deemed an infringement of copyright; provided that it is 
conducted by an association, foundation or another organization having objectives for 
public charity, education, religion or social welfare and that Section 32 paragraph one 
is complied with. 
Section 37. A drawing, painting, construction, engraving, moulding, carving, 
lithographing, photographing, cinematographing, video broadcasting or any similar act 
of an artistic work, except an architectural work, which is openly located in a public 
place is not deemed an infringement of copyright in the artistic work. 
Section 38. A drawing, painting, engraving, moulding, carving, lithographing, 
photographing, cinematographing or video broadcasting of an architectural work is not 
deemed an infringement of copyright in the architectural work. 
Section 39. A photographing or a cinematographing or a video broadcasting of 
a work of which an artistic work is a component is not deemed an infringement of 
copyright in the artistic work. 
Section 40. In case another person apart from the author jointly owns the 
copyright in an artistic work, the subsequent creation by the same author of the artistic 
work in such a manner that a part of the original artistic work is reproduced or the 
printing pattern, sketch, plan, model or data derived from a study which has been 
applied in the creation of the original artistic work is used is not deemed an 
infringement of copyright in the artistic work; provided that the author does not 
reproduce or copy the significant part of the original artistic work. IP/N/lITHAJC/l/Rev.l 
Page 11 
Section 41. A restoration in the same appearance of a building which is a 
copyright architectural work by virtue of this Act is not deemed an infringement of 
copyright. 
Section 42. When the term of protection for a cinematographic work expires, 
the communication to public of the cinematographic work is not deemed an 
infringement of copyright in the literary work, dramatic work, artistic work, musical 
work, audiovisual work, sound recording or any work previously used to make such 
cinematographic work. 
Section 43. A reproduction of a copyright work by virtue of this Act for the 
benefit of government service by an authorized official or by an order of such official 
which is in the possession of the government is not deemed an infringement of 
copyright; provided that Section 32 paragraph one is complied with. 
CHAPTER 2 
PERFORMERS' RIGHTS 
Section 44. A performer has the following exclusive rights with respect to the 
acts concerning his performance of: 
(1) sound and video broadcasting or communication to public of the 
performance, except sound and video broadcasting or communication to public from a 
recording material which has been recorded; 
(2) recording the performance which has not been recorded; 
(3) reproducing the recording material of the performance which has been 
recorded without consent oftheperformer, or the recording material of the performance 
with consent of the performer for different purposes, or the recording material of the 
performance which has been done pursuant to the exceptions of the infringement of 
performer's rights by virtue of Section 53. 
Section 45. Any person who directly uses a sound recording of a performance, 
which has been published for commercial purposes or the copies thereof in a broadcast 
or a communication to public, is bound to pay an equitable remuneration to the 
performer. In case the parties can not agree upon the remuneration, the Director­
General shall stipulate the remuneration by taking into account the normal rate of 
remuneration in such specific business. 
A party may appeal against the order of the Director-General according to 
paragraph one to the Board within ninety days as from the date of the receipt of the 
letter informing the order of the Director-General. The decision of the Board shall be 
final. 
Section 46. Where there are more than one performer involved in a 
performance or an audio recording of a performance, those performers may appoint a 
joint agent to monitor or administer their rights. IP/N/I/THA/C/IlRev.l 
Page 12 
Section 47. A performer has the rights in his performance according to Section 
44, provided that the following conditions are met: 
(1) the performer has Thai nationality or has a habitual residence in the 
Kingdom or; 
(2) the performance or the major part of the performance takes place in the 
Kingdom or in a country which is a member of the Convention for the protection of 
performers' rights of which Thailand is also a member. 
Section 48. A performer is eligible to a remuneration according to Section 45, 
provided that the following conditions are met: 
(1) the performer has Thai nationality or has a habitual residence in the 
Kingdom when the audio recording of the performance takes place or when he 
exercises a claim of his rights or; 
(2) the audio recording of the performance or the major part of the audio 
recording of the performance takes place in the Kingdom or in a country which is a 
member of the Convention for the protection of performers' rights of which Thailand is 
also a member. 
Section 49. The performer's rights according to Section 44 last for fifty years as 
from the last day of the calendar year in which the performance takes place. In case 
the performance is recorded, the performer's rights last for fifty years as from the last 
day of the calendar year in which the recording of the performance takes place. 
Section 50. The performer's rights according to Section 45 last for fifty years as 
from the last day of the calendar year in which the recording of the performance takes 
place. 
Section 51. The performer's rights according to Section 44 and Section 45 are 
assignable, whether in whole or in part, and may be assignable for a fixed duration or 
for the whole term of protection. 
In case there are more than one performer involved, each performer is entitled 
to assign the mere portion of his rights. 
The assignment of rights by other means except by inheritance must be made in 
writing with signatures of the assignor and the assignee. If the 
duration is not specified in the assignment contract, the assignment is deemed to last for 
three years. 
Section 52. Any person who acts as specified in Section 44 without consent of 
the performer or without paying remuneration in accordance with Section 45 is deemed 
to infringe the performer's rights. 
Section 53. Section 32, Section 33, Section 34, Section 36, Section 42, and 
Section 43 shall apply mutatis mutandis to the performer's rights. CHAPTER 3 
USE OF COPYRIGHT 
IN SPECIAL CIRCUMSTANCES IPIN/1/THAIC/1/Rev.1 
Page 13 
Section 54. ~~ Thai national v{ho may \vish to seek a copyTight licerlse for a 
work, which has already been communicated to public in the form of printed materials 
or other analogous forms pursuant to this Act, for the benefit of study, teaching or 
research without a profit-seeking purpose may submit an application to the Director­
General together with an evidence showing that the applicant has previously sought 
from the copyright owner a license to translate the work into Thai or to reproduce the 
copies of the translation published in Thai but his request has been denied or after a 
reasonable period of time has elapsed the agreement can not be concluded; provided 
that at the time of submitting the application: 
(1) the copyright owner has not translated or authorized any person to 
translate the work into the Thai language for publication within three years after the 
first publication of the work; or 
(2) the copyright owner has published the translation in the Thai language 
but, beyond three years after the last publication of the translation, no further 
publication is made and all editions of the published translation are out of print. 
The application according to paragraph one shall follow these rules, methods 
and conditions: 
(1) the Director-General shall not grant the license for the application 
according to paragraph one if the time specified in paragraph one (1) or (2) has elapsed 
not exceeding six months; 
(2) in case the Director-General grants the license, the grantee shall be 
solely entitled to translate or publish the licensed translation provided that the Director­
General shall not permit another person to make the Thai translation from the same 
original copyright work if the time specified in the license has not elapsed or has 
elapsed not exceeding six months; 
(3) the grantee is prohibited from assigning the granted license to another 
person; 
(4) if either the copyright owner or the licensee can convince the Director-
General that he has made the Thai translation or has published the translated version in 
Thai, the content of which is identical to that of the printed materials which are the 
subjects of license according to Section 55 and has distributed the printed materials at 
reasonable price comparable with that of related works being sold in Thailand, the 
Director-General shall order that the license granted to the grantee be terminated and 
shall inform the grantee of such order without delay; 
The grantee may distribute the copies of the printed materials which have been 
made or published prior to the order of termination by the Director-General until they 
are out of stock. 
(5) the grantee is prohibited to export copies of the printed materials of the 
licensed translation or publication in Thai, except for the following conditions: 
(a) the recipient abroad is a Thai national; 
(b) the printed materials are used for the purposes of study, teaching or 
research; 
(c) the delivery of the printed materials is not for commercial purposes; and 
(d) the country to which the printed materials are delivered allows Thailand to 
deliver or distribute the printed materials to or within that country. IP INI1/THA/CIlIRev. 1 
Page 14 
Section 55. Upon receIvmg the application according to Section 54, the 
Director-General shall arrange an agreement between the concerning parties as to the 
remuneration and the conditions of the license. In case the parties can not reach the 
agreement, the Director-General shall give an order stipulating an equitable 
remuneration by taking into account the normal rate of remuneration in such business 
and may stipulate conditions for the license as he deems appropriate. 
When the remuneration and conditions have been stipulated, the Director­
General shall issue the certificate of license to the applicant. 
Each party may appeal against the order of the Director-General according to 
paragraph one to the Board within ninety days as from the date of the receipt of the 
letter informing the order of the Director-General. The decision of the Board shall be 
final. 
CHAPTER 4 
COPYRIGHT BOARD 
Section 56. There shall be a Copyright Board consisting of the Permanent­
Secretary for Commerce as Chairman and qualified members not exceeding twelve 
persons appointed by the Council of Ministers in which not less than six persons are 
appointed from representatives of the associations of owners of copyright or 
performers' rights' and representatives of the associations of users of copyright or 
performers' rights. 
The Board may appoint any persons secretary and assistant secretaries. 
Section 57. A qualified member shall hold office for a term of two years. A 
member who vacates office may be reappointed. 
In the case where a member vacates office before the expiration of term or 
where the Council of Ministers appoints additional members while already appointed 
members still hold office, notwithstanding that it is an additional or replacing 
appointment, the appointeee shall hold office for the remaining term of the members 
already appointed. 
Section 58. A qualified member vacates office upon: 
(1) death; 
(2) resignation; 
(3) being removed by the Council of Ministers, 
(4) being a bankrupt, 
(5) being an incompetent or quasi-incompetent person; 
(6) being imprisoned by a final judgement inflicting imprisonment, except an 
imprisonment for the offence which has been committed by negligence or for a petty 
offence. 
Section 59. At a meeting of the Board, the presence of not less than one-half of 
the total number of the members is required to constitute a quorum. In the case the 
Chairman is not present at the meeting or is unable to perform the duty, the members 
present shall elect one among themselves to preside over the meeting. A decision of a 
meeting shall be by a majority of votes. 
In casting votes, each member shall have one vote. In the case of an equality of 
votes, the person presiding over the meeting shall have an additional vote as a casting 
vote. IP/N/lITHA/C/1/Rev.1 
Page 15 
Section 60. The Board shall have the powers and duties as follows: 
1(1) to give advice or consultation to the Minister with regard to the issuance of 
Ministdrial Regulations under this Act; 
(2) to decide an appeal against an order of the Director-General according to 
Section 45 and Section 55; 
(3) to promote or to support the associations or organizations of authors or 
performers with respect to the collection of royalties from users of the copyright work 
or the performer's rights and the protection or the safeguard of the rights or any other 
benefits under this Act; 
(4) to consider other matters as entrusted by the Minister. 
The Board may appoint a sub-committee for considering or performing any 
matters as entrusted by the Board, and Section 59 shall apply to the meeting ofthe sub­
committee mutatis mutandis. 
In performing the duty, the Board or the sub-committee has the power to issue a 
written order summoning any person to give statements or furnish documents or any 
materials for consideration as necessary. 
CHAPTERS 
INTERNATIONAL COPYRIGHT 
AND PERFORMER'S RIGHTS 
Section 61. A copyright work of an author as well as the rights of a performer 
of a country which is a member of the Convention for the protection of copyright or the 
Convention for the protection of performer's rights of which Thailand is also a member 
or a copyright work of an international organization of which Thailand is a member 
shall be protected by this Act. 
The Minister shall have the power to proclaim the names of member countries 
of the Convention for the protection of copyright or the Convention for the protection 
of performer's rights in the Government Gazette. 
CHAPTER 6 
LITIGATION WITH RESPECT TO 
COPYRIGHT AND PERFORMER'S RIGHTS 
Section 62. It shall be presumed in a litigation with respect to copyright or 
performer's rights, no matter it is a civil or criminal case, that the work in dispute is a 
copyright work or the subject of performer's rights by virtue of this Act and the plaintiff 
is the owner of copyright or performer's rights in such work or subject, unless the 
defendant argues that no one owns the copyright or the performer's rights or disputes 
the plaintiffs right. 
As for a work or a subject bearing a name or a substitution for name of a person 
claiming to be the owner of copyright or performer's rights, the person who owns the 
name or the substitution for name shall be presumed to be the author or the performer. IP/N/l/THA/ClllRev.1 
Page 16 
As for a work or a subject bearing no name or no substitution for name, or 
bearing a name or a substitution for name but ownership in copyright or performer's 
rights is not raised therein and having a name or a substitution for name of a person 
claiming to be the printer or the publisher or the printer and publisher, the person who 
is the printer or the publisher or the printer and publisher shall be presumed to be the 
owner of copyright or performer's rights in such work or subject. 
Section 63. No action of copyright infringement or performer's rights 
infringement shall be filed after three years as from the day the owner of copyright or 
performer's rights becomes aware of the infringement and of the identity of the 
infringer; provided that the action shall be filed not later than ten years as from the day 
the infringement of copyright or performer's rights takes place. 
Section 64. In the case of infringement of copyright or performer's rights, the 
court has the authority to order the infringer to compensate the owner of copyright or 
performer's rights with damages the amount which the Court considers appropriate by 
taking into account the gravity of injury, including the loss of benefits and the expenses 
necessary for the enforcement of the right of the owner of copyright or performer's 
rights. 
Section 65. In case there is an explicit evidence that a person is doing or about 
to do any act which is an infringement of copyright or performer's rights, the owner of 
copyright or performer's rights may seek a judicial injunction to order the person to 
cease or refrain from such act. 
The judicial injunction according to paragraph one does not prejudice the owner 
of copyright or performer's rights to claim damages under Section 64. 
Section 66. The offence in this Act is a compoundable offence. 
CHAPTER 7 
OFFICIALS 
Section 67. For the purpose of performing duties under this Act, a competent 
official shall be an official under the Penal Code and shall have the powers and duties 
as follows: 
(1) to enter a building, office, factory or warehouse of any person during 
sunrise and sunset or during working hours of such place or to enter a vehicle for the 
purposes of sear~hing for the merchandise or examining, when there is a reasonable 
doubt that an offence pursuant to this Act is committed, 
(2) to seize or to attach documents or materials relating to the offence for 
the purpose of proceeding a litigation, when there is a reasonable doubt that an offence 
pursuant to this Act is committed, 
(3) to order any person to give statements or to furnish accounts, documents or 
other evidences when there is a reasonable ground to believe that such statements, 
accounts, documents or evidences shall be useful for the finding of evidence or the use 
as evidence for proving the offence pursuant to this Act. 
Any person concerned shall provide suitable assistance to the competent official 
on duty. IPINIlITHA/CllIRev.1 
Page 17 
Section 6S. The competent official shall produce to the persons concerned their 
identificati on. 
The identification shall be in accordance with the form prescribed by the 
Minister. 
CHAPTERS 
PENALTIES 
Section 69. Any person who infringes the copyright or the performer's rights 
according to Section 27, Section 28, Section 29, Section 30 or Section 52 shall be liable 
to a fine from twenty thousand Baht up to two hundred thousand Baht. 
If the offence in paragraph one is committed with commercial purposes, the 
offender shall be liable to imprisonment for a term from six months up to four years or 
to a fine from one hundred thousand Baht up to eight hundred thousand Baht, or to 
both. 
Section 70. Any person who commits a copyright infringement according to 
Section 31 shall be liable to a fine from ten thousand Baht up to one hundred thousand 
Baht. 
If the offence in paragraph one is committed with commercial purposes, the 
offender shall be liable to imprisonment for a term from three months up to two years 
or to a fine from fifty thousand Baht up to four hundred thousand Baht, or to both. 
Section 71. Any person who fails to give statements or to furnish documents or 
materials in compliance with the order of the Board or the sub-committee issued 
according to Section 60 paragraph three shall be liable to imprisonment for a term not 
exceeding three months or to a fine not exceeding fifty thousand Baht, or to both. 
Section 72. Any person who obstructs or fails to provide assistance to a 
competent official who performs his duty according to Section 67 or defies or ignores 
the order of the official who issues the order according to Section 67 shall be liable to 
imprisonment for a term not exceeding three months or to a fine not exceeding fifty 
thousand Baht, or to both. 
Section 73. Any person who has committed an offence and has been punished 
by virtue of this Act and subsequently commits an offence pursuant to this Act within 
five years after being discharged from the penalty shall be liable to twice as much 
penalty as that provided for such offence. 
Section 74. In case a juristic person commits an offence pursuant to this Act, it 
shall be deemed that all directors or managers of the juristic person are joint offenders 
with the juristic person, unless they can prove that the offence committed by the juristic 
person is beyond their knowledge or consent. 
Section 75. All things made or imported into the Kingdom which constitute an 
infringement of copyright or performer's rights by virtue of this Act and the ownership 
of which still vests in the offender pursuant to Section 69 or Section 70 shall devolve 
on the owner of copyright or performer's rights; provided that all things used for 
committing the offence shall be forfeited. IP/N/IITHA/C/I/Rev.1 
Page 18 
Section 76. One half of the fine paid in accordance with the judgement shall be 
disbursed to the owner of copyright or performer's right; provided that the right of the 
owner of copyright or performer's rights to bring a civil action for damages for the 
amount which exceeds the fine that the owner of copyright or performer's rights has 
received shall not be prejudiced. 
Section 77. The Director-General shall have the power to settle the offence by 
imposing the fine for the offence pursuant to Section 69 paragraph one and Section 70 
paragraph one. 
TRANSITORY PROVISION 
Section 78. The existing copyright works by virtue of the Act for the Protection 
of Literary and Artistic Works B.E. 2474 or the Copyright Act B.E. 2521 on the day 
this Act comes into force shall be protected by this Act. 
The works which have been made before this Act comes into force and which 
are not copyright works by virtue of the Act for the Protection of Literary and Artistic 
Works B.E. 2474 or the Copyright Act B.E. 2521 but become copyright works by 
virtue of this Act shall be protected by this Act. 
Countersigned by : 
Chuan Leekpai 
Prime Minister 
NOTE :-The reason for the promulgation of this Act is as follows: 
Whereas the Copyright Act B.E. 2521 has long been in force, the provisions 
therein become inconsistent with the changing internal and external circumstances 
particularly the development and expansion of domestic and international economy, 
trade and industry, the copyright protection measures therefore should be improved to 
be more efficient so as to accommodate those changes and to promote the increasing 
creation of work in literary and artistic domain and other relevant fields. This Act so be 
enacted.