Copyright Act B.E. 2537 / Section 27 - 43
Home
Sitemap
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.
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.
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.
Home
Sitemap