Section Code: 0036 - 0043

COPYRIGHT ACT B.E. 2537 (1994)

Part 6: Exceptions of Infringement of Copyright (Continuation)

Section 36

The public performance of a dramatic work or a musical work as appropriate which is not organized or conducted for seeking profit from such activity and without direct or indirect charge and the performers not receiving remuneration for such performance shall not be deemed an infringement of copyright; provided that it is conducted by an association, foundation or another organization having objectives for public charity, education, religion or social welfare and that Section 32 paragraph one is complied with.

Section 37

A drawing, painting, construction, engraving, molding, 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 is not deemed an infringement of copyright in the artistic work.

Section 38

A drawing, painting, engraving, molding, carving, lithographing, photographing, cinematographing or video broadcasting of an architectural work shall not be deemed an infringement of copyright in the architectural work.

Section 39

A photographing or a cinematographing or a video broadcasting of a work of which an artistic work is a component shall not be deemed an infringement of copyright in the artistic work.

Section 40

In case another person apart from the author jointly owns the copyright in an artistic work, the subsequent creation by the same author of the artistic work in such a manner that a part of the original artistic work is reproduced or the printing pattern, sketch, plan, model or data derived from a study which has been applied in the creation of the original artistic work is used is not deemed an infringement of copyright in the artistic work; provided that the author does not reproduce or copy the significant part of the original artistic work.

Section 41

A restoration in the same appearance of a building which is a copyright architectural work by virtue of this Act is not deemed an infringement of copyright.

Section 42

When the term of protection for a cinematographic work has come to an end, the communication to public of the cinematographic work shall not be deemed an infringement of copyright in the literary work, dramatic work, artistic work, musical work, audiovisual work, sound recording or any work previously used to make such cinematographic work.

Section 43

A reproduction of a copyright work by virtue of this Act for the benefit of government service by an authorized official or by an order of such official which is in the possession of the government shall not be deemed an infringement of copyright; provided that Section 32 paragraph one is complied with.