With the main aim for the alignment with the standards required by the WIPO Performances and Phonograms Treaty (“WPPT”) as commitments under the Regional Comprehensive Economic Partnership (“RCEP”), the Department of Intellectual Property had been actively involved in the preparation of the Draft Amendments to Thailand’s Copyright Act (“Draft”). After the two public hearings in 2023 and 2024, the Draft had been proposed to and approved in principle by the Cabinet on 27 May 2025. Following the approval, the Draft was recently published again for the third public hearing from 13 June 2025 to 30 June 2025 with the key amendments as follows:

1. Definitions

The amendments intend to clarify and enhance the scope of protection in harmony with the WPPT and to accommodate technological developments.

1.1 Audiovisual work, Cinematographic work and Sound Recording

Audiovisual work, cinematographic work, and sound recordings shall cover work regardless of the medium recorded on, provided that it remains in fixation and capable of being replayed. This would include works recorded on cloud or other mediums of similar nature.

1.2 Communication to the Public

The definition of communication to the public shall be clarified to clearly include making available to others at different places and times, i.e. “in such a way that members of the public may access them from a place and at a time individually chosen by them”.

1.3 Publication

Under the current Copyright Act, the definition of “publication” may be arguably interpreted to exclude distribution of “intangible” copies of works. As the 50-year term of protection for certain works counts from the first publication, some authors who already distribute copies of their works in an intangible manner, especially, via the internet, deploy this legal gap by redistributing copies of their works in a tangible manner to extend protection for 50 years further. To tackle this legal gap, the Draft expands the definition of publication to include offering to the public via the internet.

1.4 Performer

The Draft broadens the definition of performer to cover individuals who express any copyrighted works, regardless of the copyright term status. The amendment also specially extends the definition to individuals who express folklore which is not a copyrightable work.

2. Moral Rights

The Draft enhances the rights of authors and performers by granting them the right to request corrections to their names on works. Furthermore, the Draft affirms that moral rights will last for the lifetime of the author and performer regardless of the status of the corresponding economic rights.

3. Performer’s exclusive rights

The Draft introduces the performer’s exclusive rights with respect to their performances that have been recorded to reproduce, distribute, make available to the public in such a way that members of the public may access them from a place and at a time individually chosen by them and rent out the originals or copies of such recorded performances.

4. Right to Equitable Remuneration

While performers are entitled to equitable remuneration for sound recordings under the current Copyright Act, the law does not specify the person responsible for such remuneration causing difficulties for performers to exercise their rights in practice. To solve this issue, the Draft expressly imposes the responsibility for payment of remuneration to copyright owners of the sound recordings.

5. Powers of Copyright Committee

To justify the Copyright Committee’s powers to consider appeals against orders of the Director General, the Draftintroduces powers for the Committeeto establish criteria and procedures for the appeal. Moreover, the Draft additionally empowers the Committee to determine the equitable remuneration of performers.

6. Destruction of Infringing Products in a Civil Lawsuit

The destruction of infringing products is currently limited to criminal cases. In accordance with RCEP, the Draft allows the court to order the destruction of infringing products at an infringer’s cost in a civil case.

7. Minimum Penalties

The minimum penalties are removed to allow the court to impose lower penalties when it deems appropriate based on the circumstances and severity of infringing acts.

The summary of this round of public hearing has not yet been issued. We will follow up and report any crucial developments when available.