Thailand Law Library

by Thailand Lawyer

Chapter 2: Performers' Right

The performer has the following exclusive rights with respect to the acts concerning his performance:

• sound and video broadcasting or communication to public of the performance except the sound and video broadcasting or communication to public from a recording material which has been recorded;
• recording the performance which has not been recorded;
• reproducing the recording material of the performance which has been recorded without the consent of the performer or the recording material of the performance with the consent of the performer but for another purpose or the recording material of the performance which falls within the exceptions of the infringement of performer’s rights by virtue of Section 53.

Whoever causes the sound broadcasting or the direct communication to public of the audio recording material of a performance which have already been disseminated for commercial purpose or the copies thereof is bound to pay a just remuneration to the performer. In case the parties can not agree upon the remuneration, the Director General shall stipulate the remuneration by taking into account the normal rate of remuneration in such specific business.

A party may appeal the order of the Director General according to paragraph one to the Committee within ninety days as from receiving the letter informing the order of the Director General. The decision of the Committee shall be final.

Where there are more than one performer involved in a performance or an audio recording of a performance, those performers may appoint a joint agent to take care of or administer their rights.

A performer has the rights in his performance according to Section 44 provided that the following conditions are met:

• The performer has Thai nationality or has a habitual residence in the Kingdom or;
• The performance or the major part of the performance takes place in the Kingdom or in a country which is a member of the Convention on the protection of performers’ rights of which Thailand is also a member.

A performer is eligible to receive the remuneration according to Section 45 provided that the following conditions are met:

• the performer has Thai nationality or has a habitual residence in the Kingdom when the audio recording of the performance takes place or when he exercises a claim of his right or;
• the audio recording of the performance or the major part of the audio recording of the performance takes place in the Kingdom or in a country which is a member of the Convention on the protection of performers’ rights of which Thailand is also a member.

The performer’s rights according to Section 44 last for fifty years as from the last day of the calendar year in which the performance takes place. In case the performance is recorded, the performer’s rights lasts for fifty years as from the last day of the calendar year in which the recording of the performance takes place.

The performer’s rights according to Section 45 last for fifty years as from the last day of the calendar year in which the audio recording of the performance takes place.

The performer’s rights according to Section 44 and Section 45 are assignable whether of the whole or in part and may be assignable for a fixed duration or the whole term of protection.

In case there are more than one performer involved, each performer is entitled to assign the rights which specifically belong to him.

The assignment of rights by other means except by inheritance must be made in writing with the signatures of the assignor and the assignee. If the duration is not specified in the assignment contract, the assignment shall be deemed to last for three years.

Whoever acts as specified in Section 44 without the consent of the performer or without paying remuneration in accordance with Section 45 shall be deemed to infringe the performer’s rights.

Section 32, Section 33, Section 34, Section 36, Section 42, and Section 43 shall apply mutatis mutandis to the performer’s rights.