Thailand's 'Copyright Act' tough on IP protection

[webfact]

COPYRIGHT ACT
Copyright Act tough on IP protection
ASINA PORNWASIN
THE NATION

Amended copyright provisions now have 'teeth' with jail term/fine for offenders

BANGKOK: -- THAILAND'S AMENDED Copyright Act will provide stronger protection to owners of intellectual property rights, especially movies and other digital content, it is claimed.

The act comes into effect today.

Paiboon Amornpinyokait, an expert on cyber and computer law, said violators will face imprisonment and hefty fines under the law, ranging from three months to two years' imprisonment and a fine of between Bt50,000 and Bt400,000.

Mana Treelayapewat, dean of the School of Communication Arts at the University of the Thai Chamber of Commerce, said the stronger copyright law will help create a culture of respecting other people's creative work, especially at a young age.

Jakrapong Kongmalai, head of |content business at Sanook.com, said Thailand's creative industries will get |a boost from this law in the long run |as more people will be encouraged to |produce work if they are certain |their ownership right will be better |protected.

"This law will promote the growth of original-content creators as the ecosystem becomes more favourable. For |example, if you are a very good |photographer, your work will be fully protected online so that you can earn a reasonable income from the work," Jakrapong said.

"I think we will have a new habit of giving credit to owners of creative work and identifying the sources of online content. If you are a blogger, you may have to pay slightly for the photos you use on your blog. This will help reduce counterfeits and unverified data on the Internet."

Ease international pressures

Paiboon said the new law should also ease international pressures on Thailand's protection of intellectual property rights (IPR), especially with regard to movies from the United States and other countries whose owner rights have been violated when they are screened here.

"Under the new law, copying motion pictures is punishable with both a jail term and hefty fines," he said, adding that the country has been facing international pressures to eradicate these illegal practices for several years.

In the latest April 2015 report of the US Trade Representative, Thailand remained on its Priority Watch List |for the eighth year due to various IPR |violations, including selling illegal copies of US movies and the unauthorised distribution of digital content on the Internet.

Paiboon said the new copyright law's imprisonment clause is much stronger than that of the computer law's six-month jail term provision, reflecting the government's intention to stamp out copyright violations.

However, the mass and social media as well as individuals may use all forms of digital content, namely, texts, photos, videos and graphics posted online, with prior permission from their owners, he said.

"As long as they cite the source of digital content and do not alter the mark of ownership, they may legally use the content for non-commercial purposes. However, a commercial arrangement may be required if the digital content is used on Facebook or Tweeter for commercial benefit via sharing, page views or 'Likes'," he added.

For those whose privacy is violated, they can remove the content from websites, mobile sites and the Internet with a court order.

Mana said the government will have to step up its public relations campaign on this law as many people still do not know about it while others are confused over what to do with copyrighted digital content.

"Now, the sources of many online content are not identified or the copyright owners are not informed when their work is used. You have to change that habit to comply with the new law," he said.

Source: http://www.nationmultimedia.com/business/Copy-right-Act-tough-on-IP-protection-30265859.html


-- The Nation 2015-08-04

[ezzra]

More of the old same and nothing new here, Thailand have already ' tough ' IP laws on the books for many

years now, and every now and than someone comes out with new posturing and threats of penalties

and imprisonments that never materialise... the simple reason being that you can have all the tough

laws you want but if the people who suppose to administer and safe guard them are bent and crooked

as they come...

[fritzzz25]

So the sellers of the child porn DVD's have nothing to fear, as it won't be infringement of IP. But heaven forbid the guy selling an old copy of Terminator - to the BKK Hilton for you , do not pass go, do not collect........

[BigBadGeordie]

I would expect the Minister of Education to be one of the first arrested, given the massive number of books that are copied and circulated around the schools in Thailand.

But who could prepare the charge sheet, as almost every government office, including police staions, I have ever visited are using copy MS Word and other software.

Edited August 3, 2015 by BigBadGeordie

[Wilsonandson]

Nearly every local market in Thailand has someone selling movie dvds and music cds copied from the net. They will need to build new prisons if they arrest everyone of them.

[peterjackson]

More empty words. When will Thailand realise that everyone understands your S.O.P.

You need to prove you are serious.

Start with prosecuting the inept, ineffective, corrupt officials. Then actually enforce the Law.

Actions speak louder than words.

[JakeSully]

If they want to prosecute someone for copyright fraud, go to the Bangkok City Hall. There's a big 42" monitor there displaying where the rooms are located and at the bottom right a prompt saying, "This version of Windows XP is pirated".

[aussieinthailand]

I guess these blokes have never heard of IP protection? So while your in Samui or Phuket Chiang Mai, downloading or streaming the latest music and movies while it looks like your in Costa Rica or Timbuktu, Man these blokes are really on the ball huh Ya think some one should tell em???

[amerasianex]

I dont normally give Thailands government much praise. But this is truly a step in the right direction. Now their educational system needs some attention. And the economy. A robust economy cures all social ills, especially drug and alcohol abuse. Any thing that stimulates the economy should be attacked with speed and strength........

[micmichd]

What about older photographs on Facebook?

In the West, many people fear that they can't get a flat or job anymore. Landlords in spe take it as a given right to check all kinds of personal data. There should be a law against that kind of misuse, protecting the owner of the face published (not the photographer)

[Krataiboy]

I dont normally give Thailands government much praise. But this is truly a step in the right direction. Now their educational system needs some attention. And the economy. A robust economy cures all social ills, especially drug and alcohol abuse. Any thing that stimulates the economy should be attacked with speed and strength........

A robust economy cures all social ills, especially drug and alcohol abuse

Wishful thinking. Unless, that is, you don't regard the US as a robust economy.

Now come to think of it. . .

[Fullstop]

Thailand's 'Copyright Act' ...

Why is Copyright Act in 'quote marks'? ... Oh! I get it! LOL.

[samjaidee]

I guess these blokes have never heard of IP protection? So while your in Samui or Phuket Chiang Mai, downloading or streaming the latest music and movies while it looks like your in Costa Rica or Timbuktu, Man these blokes are really on the ball huh Ya think some one should tell em???

The IP in this context had nothing to do with the internet. You're thinking of Internet Protocol whereas in this context it mean Intellectual Property

Who's on the ball?

[Jimlove]

I guess these blokes have never heard of IP protection? So while your in Samui or Phuket Chiang Mai, downloading or streaming the latest music and movies while it looks like your in Costa Rica or Timbuktu, Man these blokes are really on the ball huh Ya think some one should tell em???

They have no idea what VPN is - totally clueless to mostly anything ...

I remember the case where Thais had to subtract a Math book for Thai college students when they found out that the pic they had used from the Internet was this : Japanese Porn Star Mana Aoki Featured On School Book By Mistake ...

Impossible to make this up and hard to believe unless you live here - Its a Circus with only clowns performing day after day after ...

[kaiyaibob]

I guess these blokes have never heard of IP protection? So while your in Samui or Phuket Chiang Mai, downloading or streaming the latest music and movies while it looks like your in Costa Rica or Timbuktu, Man these blokes are really on the ball huh Ya think some one should tell em???

You just did

[Broeno]

Nothing than fried air.

[arrowsdawdle]

CIOs get a call in advance every time there is a raid charade, and Microsoft and other IT giants couldn't care less about piracy because they inflate prices to western countries to cover the theft much like credit card companies do... preferring not to eradicate fraud because they are making money inflating interest and fees to cover it.

[dazzz]

This country sometimes borders on lunacy I fix my local schools computers given free to them by tisco a big company. All have pirate copy of windows . So do all the police computers , government computers. All the hospital computers have pirated copies of xp as i found out last week . When my wife a teacher could not connect to the thai education website i checked . It was because the pc security blocked it because the web licence was pirated from usa ? not sure what that means but i made it an exception and now is ok .

All the cd`s and dvd`s sold on open display in big supermarkets and city shops are pirated copies . Its a good bet that the people making these laws have copied dvd`s and windows in their possession.

Best cleanup themselves and the big companies first. IP ,intellectual property , never heard that before , thought i meant internet protocol ?

[sammygood]

jails not full enough with real criminals ?

will they go after the home user / downloader

or the many illegal shops in all shopping malls ?

[elgordo38]

More empty words. When will Thailand realise that everyone understands your S.O.P.

You need to prove you are serious.

Start with prosecuting the inept, ineffective, corrupt officials. Then actually enforce the Law.

Actions speak louder than words.

They are using the trickle up effect. Pass on the big guy crack down on the little guy. This method never reaches the top tier of violators it just nets the little guy who of course can/must pay his way out to survive. They must make bigger pockets on certain uniforms in the future. Each of these "laws" creates yet another level of income for a certain few. Its one of the "benefits" of the job just like a waitress. Give good service expect a tip in this case a tip is not optional its a must.

[Wilsonandson]

jails not full enough with real criminals ?

will they go after the home user / downloader

or the many illegal shops in all shopping malls ?

People always find a way. The only way to stop copyright theft is for manufacturers to make a dvd that can't be copied. Example, the play station 3 has game cartridges instead of cds. Impossible to copy therefore the ps3 owner has to buy the cartridge. We all know this. If hollywood was so fed up with piracy then why are we still using dvds that can be copied and uploaded onto a torrent site? Also, if your poor,you cannot afford to buy movies and music cds, so the temptation to download them from the net is much greater. So is the crackdown on piracy really just a crackdown on the poor. I watched Arsenal vs Chelsea the other night on ch.7 it was in English and was great to watch live premiership football. But that will be it for another 6 months until a premier match is shown again on terrestial tv for free. I used to have true visions but it was very expensive to pay for every month. So again why can't the poor watch premiership football and only the rich can. Last season I saw some matchs down my local watering hole. All were mostly men watching, lower class having a beer, the match was streamed onto a giant tv from a site on the net. But every 10 minutes or so the picture would freeze up or blur, we were disappointed but it was free and whos going to pay the hefty monthly fees for coverage when your poor.

[tukkytuktuk]

jails not full enough with real criminals ?

will they go after the home user / downloader

or the many illegal shops in all shopping malls ?

People always find a way. The only way to stop copyright theft is for manufacturers to make a dvd that can't be copied. Example, the play station 3 has game cartridges instead of cds. Impossible to copy therefore the ps3 owner has to buy the cartridge. We all know this. If hollywood was so fed up with piracy then why are we still using dvds that can be copied and uploaded onto a torrent site? Also, if your poor,you cannot afford to buy movies and music cds, so the temptation to download them from the net is much greater. So is the crackdown on piracy really just a crackdown on the poor. I watched Arsenal vs Chelsea the other night on ch.7 it was in English and was great to watch live premiership football. But that will be it for another 6 months until a premier match is shown again on terrestial tv for free. I used to have true visions but it was very expensive to pay for every month. So again why can't the poor watch premiership football and only the rich can. Last season I saw some matchs down my local watering hole. All were mostly men watching, lower class having a beer, the match was streamed onto a giant tv from a site on the net. But every 10 minutes or so the picture would freeze up or blur, we were disappointed but it was free and whos going to pay the hefty monthly fees for coverage when your poor.

In ancient Rome all walks of life could watch the gladiator's fight the lions, if you were rich you got prime seating, if you were poor you got the bottom row or terraces where you had to stand up and watch. But everyone could watch the sport. Today is a different story which is pay to view English premiership football the ultimate sport played in a stadium today. Where is the poor peoples terraces today? Personally I blamed Rupert Murdoch's sky domination of premiership games, in the good old days before that you could watch the Saturday football on the BBC on a regular basis for free, just as you could the cricket. What has happened to our sport? Sold off to the highest bidder, so now only the well off can watch. Bring back the Roman's.

[Jonmarleesco]

It's Thai law. 'nuff said.