Copyright Act B.E. 2537 / Section 56

Copyright Act B.E. 2537 / Section 56 - 68

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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 appointee 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.

Section 60. The Board shall have the powers and duties as follows:

(1) to give advice or consultation to the Minister with regard to the issuance of Ministerial 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 of the 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.

CHAPTER 5 INTERNATIONAL COPYRIGHT AND PERFORMER'S RIGHTS
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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
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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 plaintiff's 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.

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
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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 searching 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.

Section 68. The competent official shall produce to the persons concerned their identification.

The identification shall be in accordance with the form prescribed by the Minister.

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