Thailand Law Library

by Thailand Lawyer

Chapter 4: Copyright Committee

A committee called "the Copyright Committee" shall be established and to be composed of the Permanent Secretary of the Minister of Commerce as Chairman as well as distinguished members not exceeding twelve persons appointed by the Cabinet in which not less than six persons are appointed from representatives of associations of the owners of copyright or performers’ rights and representatives of associations of the users of copyright or performers’ rights. The Committee may appoint any person secretary and assistant secretary.

An office term of the distinguished members is two years. The members who have been out of office may be reappointed. In case a member is out of office before the end of his office term or in case the Cabinet appoints additional members while the previously appointed members are still in office, the office term of the member appointed to replace the vacant post or the additional member shall be equal to the remaining term of the previously appointed members.

The distinguished members are out of office upon

• death;
• resignation;
• discharge by the Cabinet;
• becoming bankrupt;
• becoming an incompetent or a quasi-incompetent person;
• getting an imprisonment by a final judgement to impose imprisonment except an imprisonment for the offence which has been committed by negligence or for a petty offence.

The quorum of the committee meeting shall consist of not less than one-half of the number of the whole committee members. If the Chairman is not present or is not able to perform his duty, the attending committee members shall elect one committee member to preside over the meeting. The resolution of the meeting shall be decided by majority.

Each committee member has one vote. In case of equal votes, the presiding chairman shall have one additional casting vote.

The Committee shall have the following authorities:

• to give advice or consultation to the Minister for the issuance of Ministerial Regulations under this Act;
• to decide appeals against orders of the Director General according to Section 45 and Section 55;
• to support or facilitate the association or organization 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 safeguard of the rights or any other benefits under this Act;
• to consider other matters as assigned by the Minister.

The Committee is authorized to appoint a Sub-committee to consider or perform any matter as assigned by the Committee and Section 59 shall apply mutatis mutandis to the meeting of the sub-committee.

The Committee or the Sub-committee is authorized to issue a written order summoning any person to testify or to submit documents or other materials for consideration as necessary.