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Copyright

      Depositing copyrighted works with the Copyright Office in Thailand

Under the Copyright Act of Thailand, copyright registration is not necessary. The law gives automatic protection to a creation—referred to as a “work” by the law—as soon as such work is created.

However, Thailand’s Department of Intellectual Property (DIP) has a copyright depository (which is NOT a registry). A copyright owner can deposit his work with the DIP’s Copyright Office but the depositing does not provide any additional rights and is not proof of copyright ownership. However, the date of depositing may be used as proof of prior rights if there should be a dispute involving the copyright ownership. (This has not been tested in court, however.)

If you wish to deposit your copyrighted work with the DIP in Thailand, we can do it for you. The cost is USD 350 plus out-of-pocket expenses and a 7% VAT.

To proceed, we need:

1)       A notarized Power of Attorney issued by the copyright owner as per Form C-2009 attached herewith;

2)       A notarized Letter of Confirmation of Copyright Ownership issued by the copyright owner as per draft attached;

3)       A certified copy of the valid passport of the person signing the Power of Attorney and the Letter of Confirmation of Copyright Ownership;

4)       The following details:

4.1 The name, address nationality, phone number and fax number of the copyright owner;

4.2 The name, address, nationality, phone number, fax number, date of birth and date of death (if deceased) of the author of the work to be deposited;

4.3 A certified copy of the author’s valid passport (if the author is still living);

4.4 The official name of the work;

4.5 If the author is an employee of the copyright owner, please let us know whether there is a written agreement between him/her and the company stating that the copyright in the work belongs to the company. (Under the Copyright Act, unless otherwise agreed in writing, the author owns the copyright in a work that he/she has created in the capacity of official or employee but the employer is entitled to communicate the work to the public to the extent consistent with the purpose of the employment.) If there is no such agreement, the author must sign an agreement assigning the copyright to the copyright owner and the agreement must be shown to the Copyright Office.

4.6 If the author was contracted to create the work for the copyright owner, a copy of the contract must be shown to the Copyright Office;

4.7 If there are more than one author, details of all authors must be provided;

4.8 The country of creation;

4.9 The year of creation;

4.10 The date and country of first publication of the work;

4.11 Has the work been deposited in other countries by the copyright owner or another party before?

4.12 Has the work been licensed by the copyright owner to anyone before? If it has, a copy of the license agreement must be provided.

 

( Updated November 2010 )