Copyright Police

[Humphrey Bear]

From Pattaya City News a couple of days ago -

Copyright Police arrest Restaurant Owner who claimed that the officers acted outside of the law during the arrest.

A story now from Banglamung Police Station which should be of interest to anyone who operates an entertainment venue here in Pattaya which plays copyrighted music. Khun Amonwan aged 29 and Khun Douangjai aged 42, from the Baan Row Restaurant on the Sukumvit Road in South Pattaya received a visit from 20 people who claimed they were copyright police and the venue was playing music illegally. The owner was told that if she handed over 50,000 Baht, the group would leave and the incident would be forgotten. She refused and claimed that she had no money to pay. The price then came down to 20,000 Baht. Khun Douangjai was suspicious and decided not to pay. The group were copyright Police who arrested her and a staff member and took them to Banglamung Police Station. She demanded a senior officer review the working practices of this department of the Police. The Copyright officers did possess the correct documentation and the restaurant was fined for playing copyrighted music without the appropriate license despite their claims that the group acted outside of the law during the arrest. An internal police investigation is now underway.

Now my understanding would be that 'copyright police' would be looking for pirate goods being offered for sale.

Playing copyrighted music for the entertainment of the public is surely a civil matter, between the copyright holder and the establishment playing the music. It is not an arrestable / fineable offence as far as the police are concerned. Or are there very strange laws on the books in Thailand?

If there are court fines for such an offence - initiated by the police - then what happens to the money? Does it go to the copyright holder, or into Thai legal coffers? Note that the high profile Kazoo case in the States (completed yesterday) was prosecuted by the copyright owners, through their trade organization.

[mopenyang]

For your reading pleasure:

http://www.itd.or.th/th/node/427

[Maestro]

The basic question, I believe, is this:

1. Is a violation of the Copyright Act a criminal offence, which needs to be investigated and prosecuted automatically by the law enforcement agencies, or

2. Is it a civil offence, which needs to be investigated and prosecuted only if the injured party files a complaint?

What say the lawyers?

--

Maestro

[ignis]

What is copyright music? If one has a MP3 player and copies lots of Cds on to a disc in MP3 form, is this classed as copyright ?

Looks more like a license Law for a entertainment venue

[Humphrey Bear]

For your reading pleasure:

http://www.itd.or.th/th/node/427

Thanks for that.

The notes list prosecutions in 2004 / 2005 and all are against people selling physical reproductions of copyrighted goods - nothing on the audio/visual reproduction in bars and similar.

My feelings are that this should be prosecuted by the copyright holders, and the original article seems to imply that these copyright holders are using a special division of the RTP as their agents. Is this correct? Should the police be acting as agents of private multinational companies?

[Tony Clifton]

My feeling is these are illegally hired thugs working for local music industry. I bet they've never been to Panthip or any other outlets selling pirated CDs. I bet no one would show up if you took it to court. I bet they'd flee if you were to call the police. I bet your establishment would be in deep sh!t afterwards.

[Sunny Valentine]

There has already been another report on Pattayacitynews earlier this Year:

Pattayacitynews

The same guys came to my bar a few weeks later, demanding money. One of them had a Police badge, but they refused to let me record their identities. So I refused to cooperate with them, questioning their authority and they were not able to provide sufficient proof that they were authorized by the Thai Copyright agencies. At that time I was already in contact with MCT-Phonorights Thailand, and inmidst the process of obtaining a license.

I had a recording of them on my CCTV, and next day I send the pics over to MCT, where they confirmed these people do not work for them.

Incidently, one of the guys in this Photo gave an Interview to Pattaya People a few month later, stating there he acts as an Agent for Grammy Promotion, the largest Thai Music Publisher.

Some other bars I know of were raided by the same bunch of lowlifes waiting to be reborn as worms residing in a Soi dog's anus in next life, and had paid the demanded 30000 to 50000 Baht, only to find out later they have not been issued with a valid license, and had to pay for the license again.

Sunny

[skippybangkok]

They have great fake goods to sell at a great price after a raid. Pirates is a word that comes to mind.

[mikethevigoman]

From Pattaya City News a couple of days ago -

Copyright Police arrest Restaurant Owner who claimed that the officers acted outside of the law during the arrest.

A story now from Banglamung Police Station which should be of interest to anyone who operates an entertainment venue here in Pattaya which plays copyrighted music. Khun Amonwan aged 29 and Khun Douangjai aged 42, from the Baan Row Restaurant on the Sukumvit Road in South Pattaya received a visit from 20 people who claimed they were copyright police and the venue was playing music illegally. The owner was told that if she handed over 50,000 Baht, the group would leave and the incident would be forgotten. She refused and claimed that she had no money to pay. The price then came down to 20,000 Baht. Khun Douangjai was suspicious and decided not to pay. The group were copyright Police who arrested her and a staff member and took them to Banglamung Police Station. She demanded a senior officer review the working practices of this department of the Police. The Copyright officers did possess the correct documentation and the restaurant was fined for playing copyrighted music without the appropriate license despite their claims that the group acted outside of the law during the arrest. An internal police investigation is now underway.

Now my understanding would be that 'copyright police' would be looking for pirate goods being offered for sale.

Playing copyrighted music for the entertainment of the public is surely a civil matter, between the copyright holder and the establishment playing the music. It is not an arrestable / fineable offence as far as the police are concerned. Or are there very strange laws on the books in Thailand?

If there are court fines for such an offence - initiated by the police - then what happens to the money? Does it go to the copyright holder, or into Thai legal coffers? Note that the high profile Kazoo case in the States (completed yesterday) was prosecuted by the copyright owners, through their trade organization.

My friends wife used to sell copy watches on beach road a few years ago, the lawyers would come to thailand and under police escort would walk in and conviscate all the goods and the vendor was arrested,. as soon as the lawyers went back to whene they came the watches were returned for a fee ! this is 100 per cent true,. Edited October 7, 2007 by mikethevigoman

[redwood13]

I've only read and heard about this happening in Pattaya, so is this just a Pattaya phenomenon? Has the raiding of bars occurred in Bangkok and elsewhere in Thailand?

-redwood