Copyright Act B.E. 2537 / Section 44

Copyright Act B.E. 2537 / Section 44 - 55

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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;

recording the performance which has not been recorded;

(3) reproducing the recording material of the performance which has been recorded without consent of the performer, 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.

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
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Section 54. A Thai national who may wish to seek a copyright license 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;

(d) the country to which the printed materials are delivered allows Thailand to deliver or distribute the printed materials to or within that country.

Section 55. Upon receiving 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.

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