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31 August 2022
The long-anticipated amendments to the Copyright Act of Thailand have come into force last August 23, 2022. The Act attempts to update the legislation to cope with online piracy and different copyright concerns in the digital era as well as prepare Thailand for membership in the World Intellectual Property Organization Copyright Treaty (WCT).
The salient provisions include an extended term of protection for photographic work; a broader Definition of “Service Provider” and safe harbors for Service Providers; a notice-and-takedown system; and a new definition of Technological Protection Measures and infringement.
"Only a brief reference of service providers is included in the Superseded Copyright Act as part of the section regulating the copyright holders can go to court to demand that illegal internet content be taken down," says Rutorn Nopakun, a partner and managing director at Domnern Somgiat & Boonma Law Office Ltd. in Bangkok, Thailand. "The many types of service providers are acknowledged by the copyright Act, which specifically classifies them into 4 categories: the intermediary for data transmission, the data-caching service provider, the hosting service provider, and the data-locating service provider."
He adds that the Superseded Copyright Act's process is court-driven.
"Specifically, a copyright holder must provide a court ruling requesting that the service provider stop engaging in the infringing behavior or take down the material data that was allegedly infringing," he says "In the petition, in addition to proving their ownership of the copyright, the copyright holder must expand on further details such as the cognizance procedure, the date, and the infringing data, the day and time the infringement was discovered, the specifics of the infringement, and the possible harm due to the claimed infringement and the requested redress. The process is time-consuming and extremely difficult in practice."
He adds that additionally if a court order is issued, it will be temporarily enforceable for the time frame specified.
The copyright owner is needed to file a lawsuit within the time frame set by the Court. If not, the order shall immediately lapse.
"This makes obtaining a court injunction difficult, especially when the infringement is unknown. or outside of Thailand," he says.
Also, from fifty years from the date of production, the period of protection for photographic works has been significantly expanded to 50 years after the author's death plus the length of the author's life. In order to maximize their use of their rights, copyright owners should become familiar with the points of the amendment. rights.
"Additionally, it would be wise for service providers to examine their procedures and defenses against any infringement.
data on their platforms to guarantee that they adhere to the updated specifications for liability exemption," he says.
- Excel V. Dyquiangco