Copyright Act amended to prepare for accession to the WIPO and improve copyright protections in Thailand
The Copyright Act (No. 5) B.E. 2565 (2022) (“the Amended Act”) was published in the Royal Thai Gazette on 24 February 2022.
These modifications aim to strengthen copyright protection and prepare Thailand for accession to the World Intellectual Property Organization’s Copyright Treaty. We will present an overview of five significant changes included in the Amended Act in this briefing.
Key provisions in the Amended Act
Extension of the period of protection for copyrighted photographs: The copyright protection period for photographic work is extended under the Amended Act for the duration of the photographer’s life and for the next 50 years following the photographer’s death. However, if the copyright protection expires before August 23, 2022, this extension of protection does not apply to photographic work.
Changes in the definition of Service Providers and Service Users: The Amended Act’s definition of “Service Provider” has been expanded to cover internet hosting and search engine internet service providers. This is in addition to the current Act’s provisions for intermediary internet service providers and caching internet service providers. A definition for a Service User will be added as well. To be consistent with the new take-down techniques outlined below, a Service User is defined as a user of a Service Provider regardless of whether the service is free or not.
New take-down mechanism for copyright infringed materials on online platforms: The Amended Act’s new method allows a copyright owner to take direct action against copyright infringement on an online platform without having to go through typical judicial proceedings. In a nutshell, the procedure begins when a copyright owner sends a takedown notice to the Service Provider, requesting that the infringed work, its references, or hyperlink be removed or restricted. Following receipt of the notice, the Service Provider shall promptly comply with the copyright owner’s request and notify the relevant Service User who is being accused of copyright infringement.
In this case, the accused Service User whose content has been removed or whose access has been restricted may send a counternotice to the Service Provider requesting that the content be reuploaded or the restricted access be lifted. The Service Provider must give a copy of the notice to the copyright owner and reupload or cancel the restricted access to the content, its references, or hyperlink after receiving such notice. This is also contingent on the copyright owner not bringing a lawsuit against the accused Service User within 30 days of receiving the counternotice from the Service Provider.
Copyright Act amended to prepare for accession to the WIPO and improve copyright protections in Thailand (Picture: aseanbriefing.com)
Exemption of liability of Service Providers under the Safe Harbor Rules: A broader definition of the safe harbor principle is included in the Amended Act to protect a Service Provider from liability for copyright infringement. To be clear, a Service Provider is immune from liability for copyright infringement in the following areas:
- An explicit announcement and actual compliance of the measures to terminate the service for the Service User who has repetitively infringed copyright; and
- Compliance with the statutory conditions set forth specifically for each type of Service Provider.
In light of the foregoing, if the two aforementioned conditions are met, a Service Provider can be assumed immune from liability for copyright infringement. In contrast, under the current law, a Service Provider is only protected from liability if it follows the court’s injunction to stop the infringement or remove the infringing information.
Amendment to the infringement of technological protection measures: Infringement of technological protection measures has been broadened to include any activity that renders access control technological protection measures ineffective. Manufacturers, marketers, or distributors of services, products, or equipment that render such technological protection measures useless, unless exempt by the Amended Act, are likewise guilty of this crime.
Increased protection for copyright owners and safeguarding of service providers is necessary due to fast technological change in order to continue encouraging the creation and lawful use of copyrighted content. In this regard, service providers are encouraged to review their current compliance measures and ensure that their activities conform with the Amended Act as well.
*** Other Articles***
– You could visit here to see Procedure of Thailand Trademark Registration.
– You could visit here to check the required documents for filing trademark in Thailand here.
– You could read 06 Frequent Questions About Filing Trademark In Thailand here.
– You could visit here to see Power of Attorney of trademark in Thailand here.
– You could read 07 Legal Notes To Thailand Trademark Law You Need To Know here
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