Commons:Copyright rules by territory/Thailand
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Copyright rules: Thailand Shortcut: COM:THAILAND | |
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.svg) | |
| Durations | |
|---|---|
| Standard | Life + 50 years |
| Photograph | Create/Publish + 50 years |
| Anonymous | Create/Publish + 50 years |
| Audiovisual | Create/Publish + 50 years |
| Government |
Create/Publish + 50 years State docs are Public domain |
| Applied art | Create/Publish + 25 years |
| Other | |
| Freedom of panorama | Yes |
| Terms run to year end | Yes |
| Common licence tags |
{{PD-Thailand}} {{PD-TH-exempt}} |
| ISO 3166-1 alpha-3 | THA |
| Treaties | |
| Berne convention | 17 July 1931 |
| WTO member | 1 January 1995 |
| URAA restoration date* | 1 January 1996 |
| *A work is usually protected in the US if it is a type of work copyrightable in the US, published after 31 December 1927 and protected in the country of origin on the URAA date. | |
This page provides an overview of copyright rules of Thailand relevant to uploading works into Wikimedia Commons. Note that any work originating in Thailand must be in the public domain, or available under a free license, in both Thailand and the United States before it can be uploaded to Wikimedia Commons. If there is any doubt about the copyright status of a work from Thailand, refer to the relevant laws for clarification.
Background
Thailand (formerly called Siam) remained independent throughout the 18th and 19th centuries, the only country in Southeast Asia to avoid European colonization. It became a constitutional monarchy in 1932.
Thailand has been a member of the Berne Convention since 17 July 1931 and the World Trade Organization since 1 January 1995.[1]
As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Copyright Act B.E. 2537 (1994) as the main IP law enacted by the legislature of Thailand.[1] WIPO holds the text of this law in their WIPO Lex database.[2]
This act was modified by the Copyright Act (No. 2) B.E. 2558 (2015), which adds provisions related to exceptions, rights management and violations.[3] It was further modified by the Copyright Act (No. 3) B.E. 2558 (2015) which covers recording of movies in movie theaters and exceptions for disabled persons.[4] Wikisource holds the Thai language version of the Copyright Act, 1994 and modifying acts.[5]
Copyright term
According to the Copyright Act, BE 2537 (1994),
- Except as stated below, copyright subsists for the life of the author and for 50 years after his death.[2537/1994 Sec.19]
- With a work of joint authorship, copyright subsists for the life of the joint authors and for 50 years after the death of the last surviving joint author.[2537/1994 Sec.19]
- If the author or all joint authors die prior to the publication of a work, copyright subsists for 50 years from first publication of the work.[2537/1994 Sec.19]
- Where the author is a legal person, copyright subsists for 50 years as from authorship; if the work is published during such period, the copyright subsists for 50 years from first publication.[2537/1994 Sec.19]
- Copyright under this Act in a work which is created by a pseudonymous or anonymous author subsists for 50 years from authorship; if the work is published during such period, copyright subsists for 50 years from first publication. If the identity of the author becomes known, Section 19 applies mutatis mutandis.[2537/1994 Sec.20]
- Copyright in a photographic work, audiovisual work, cinematographic work, sound recording or audio and video broadcasting work subsists for 50 years from authorship; if the work is published during such period, copyright subsists for 50 years from first publication.[2537/1994 Sec.21]
- Copyright in a work of applied art subsists for 25 years from authorship; if the work is published during such period, copyright subsists for 50 years from first publication.[2537/1994 Sec.22]
- Copyright in a work created in the course of employment, instruction or control subsists for 50 years from authorship; if the work is published during such period, copyright subsists for 50 years from first publication.[2537/1994 Sec.23]
- When the term of copyright protection expires in the course of a year and the expiry date is not the last calendar day of the year or the exact date of expiry is not known, copyright subsists until the last day of that calendar year.[2537/1994 Sec.25]
Not protected
See also: Commons:Unprotected works
The following are not deemed copyright works:
- News of the day and facts having the character of mere information, not being works in the literary, scientific or artistic fields;[2537/1994 Sec.7(1)]
- The constitution and legislation;[2537/1994 Sec.7(2)]
- Regulations, bylaws, notifications, orders, explanations and official correspondence of the Ministries, Departments or any other government or local units;[2537/1994 Sec.7(3)]
- Judicial decisions, orders, decisions and official reports;[2537/1994 Sec.7(4)]
- Translations and collections of the materials referred to above, made by the Ministries, Departments or any other government or local units.[2537/1994 Sec.7(5)]
Copyright tags
See also: Commons:Copyright tags
- {{PD-Thailand}} – for works from Thailand, which have different copyright terms depending on type, usually 50 years after the creator's death or 50 years after publication.
- {{PD-TH-exempt}} – for works ineligible for copyright in Thailand, including laws and official government documents.
Currency
See also: Commons:Currency
Not OK: Reproduction of banknote images requires a permission from the Bank of Thailand.[6]
Freedom of panorama
See also: Commons:Freedom of panorama
OK {{FoP-Thailand}}
The Thai Copyright Act of B.E. 2537 (A.D. 1994) states that:
- 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 shall not be deemed an infringement of copyright in the artistic work.[2537/1994 Sec.37]
- A drawing, painting, engraving, moulding, carving, lithographing, photographing, cinematographing or video broadcasting of an architectural work shall not be deemed an infringement of copyright in the architectural work.[2537/1994 Sec.38]
For artistic works that are not situated in public spaces (not "openly located in a public place"), these can only be photographed freely if de minimis:
- A photograph or cinematograph or video broadcast of a work of which an artistic work is a component shall not be deemed an infringement of copyright in the artistic work.[2537/1994 Sec.39]
- Note that artistic work as defined by Section 4 of the law does not include works of literature. On the other hand, architecture as defined in the same section includes "design of buildings or constructions, a design of interior or exterior decoration as well as a landscape design or a creation of a model of buildings or constructions." It can be interpreted that elegant bridges are works of architecture that fall under the freedom of panorama, through the element "constructions."
Threshold of originality
See also: Commons:Threshold of originality
According to LawPlus Ltd. (2019),[7] "a copyright work does not need distinctiveness required for a trademark but it must be a creative expression of an original idea of its author. The required level of originality or creativity is minimal." It can be interpreted that Thailand's threshold of originality for logos is low.
Stamps
See also: Commons:Stamps
The copyright of postage stamps is held by Thailand Post and lasts 50 years. Public domain for stamps published before 3 November 1973.[2537/1994 Sec.23]
See also
Citations
- ↑ a b Thailand Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization. Retrieved on 2018-11-08.
- ↑ Copyright Act B.E. 2537 (1994). Thailand (1994). Retrieved on 2018-11-08.
- ↑ Copyright Act (No. 2) B.E. 2558 (2015). Retrieved on 2018-11-11.
- ↑ Copyright Act (No. 3) B.E. 2558 (2015) (2015). Retrieved on 2018-11-11.
- ↑ Copyright Act of B.E. 2537 (A.D. 1994) (In Thai)
- ↑ Circulating Banknotes. Bank of Thailand. Retrieved on 2019-01-28.
- ↑ LOGO CAN BE PROTECTED AS A TRADEMARK AND A COPYRIGHT IN THAILAND. LawPlus Ltd. (2019-01). Retrieved on 2022-02-22.