Thailand Law Library

by Thailand Lawyer

Part 6: Exceptions of Infringement of Copyright

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 shall not be 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:

• research or study of the work which is not for profit;
• use for personal benefit or for self benefit together or the benefit of other family members or close relatives;
• comment, criticism or introduction of the work with an acknowledgement of the ownership of copyright in such work;
• reporting the news through mass media with an acknowledgement of the ownership of copyright in such work;
• reproduction, adaptation, exhibition or display for the benefit of judicial proceedings or administrative proceedings by authorized officials or reporting such proceedings;
• reproduction, adaptation, exhibition or display by a teacher for the benefit of instruction provided that the act is not for profit;
• 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;
• use of the work as part of questions and answers in an examination.

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.

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:

• reproduction for use in the library or another library;
• reasonable reproduction in part of a work for another person for the benefit of research or study.

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:

• research or study of the computer program;
• use for the benefit of the owner of the copy of the computer program;
• comment, criticism or introduction of the work with an acknowledgement of the ownership of the copyright in the computer program;
• news reporting through mass media with an acknowledgement of the ownership of copyright in the computer program;
• making of copies of a computer program in a reasonable quantity 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;
• reproduction, adaptation, exhibition or display for the benefit of judicial proceedings or administrative proceedings by authorized officials or reporting such proceedings;
• use of the computer program as part of questions and answers in an examination;
• adapting the computer program as necessary for use;
• making copies of the computer program so as to keep them for reference or research for public interest.