หน้าแรก บทความ กฏหมาย(English) COPYRIGHT : COPYRIGHT ACT B.E. 2537 CHAPTER 1 : COPYRIGHT - PART 6 EXCEPTIONS OF INFRINGEMENT OF COPYRIGHT
CHAPTER 1 : COPYRIGHT - PART 6 EXCEPTIONS OF INFRINGEMENT OF COPYRIGHT PDF พิมพ์ อีเมล

PART 6 EXCEPTIONS OF INFRINGEMENT OF COPYRIGHT

Section 32. An act against a copyright work by virtue of this Act of another person which does not conflict with a normal exploitation of the copyright work by the owner of copyright and does not unreasonably prejudice the legitimate right of the owner of copyright is not deemed an infringement of copyright.

Subject to paragraph one, any act against the copyright work in paragraph one is not deemed an infringement of copyright; provided that the act is each of the followings:

(1) research or study of the work which is not for profit;

(2) use for personal benefit or for self benefit together with the benefit of other family members or close relatives;

(3) comment, criticism or introduction of the work with an acknowledgement of the ownership of copyright in such work;

(4) news reporting through mass media with an acknowledgement of the ownership of copyright in such work;

(5) reproduction, adaptation, exhibition or display for the benefit of judicial proceedings or administrative proceedings by authorized officials or reporting such proceedings;

(6) reproduction, adaptation, exhibition or display by an instructor for the benefit of instruction provided that the act is not for profit;

(7) reproduction, adaptation in part of a work or abridgement or making a summary by an instructor or an educational institution so as to distribute or sell to students in a class or in an educational institution provided that the act is not for profit;

(8) use of the work as part of questions and answers in an examination.

Section 33. A reasonable recitation, quotation, copying, emulation or reference in part from a copyright work by virtue of this Act with an acknowledgement of the ownership of copyright in such work is not deemed an infringement of copyright; provided that Section 32 paragraph one is complied with.

Section 34. A reproduction of a copyright work by virtue of this Act by a librarian in the following cases is not deemed an infringement of copyright; provided that the purpose of such reproduction is not for profit and Section 32 paragraph one is complied with :

(1) reproduction for use in the library or another library;

(2) reasonable reproduction in part of a work for another person for the benefit of research or study.

Section 35. An act against a computer program which is a copyright work by virtue of this Act in the following cases is not deemed an infringement of copyright; provided that the purpose is not for profit and Section 32 paragraph one is complied with :

(1) research or study of the computer program;

(2) use for the benefit of the owner of the copy of the computer program;

(3) comment, criticism or introduction of the work with an acknowledgement of the ownership of the copyright in the computer program;

(4) news reporting through mass media with an acknowledgement of the ownership of copyright in the computer program;

(5) making a reasonable quantity of copies of a computer program by a person who has legitimately bought or obtained the program from another person so as to keep them for maintenance or prevention of loss;

(6) reproduction, adaptation, exhibition or display for the benefit of judicial proceedings or administrative proceedings by authorized officials or reporting such proceedings;

(7) use of the computer program as part of questions and answers in an examination;

(8) adapting the computer program as necessary for use;

(9) making copies of the computer program so as to keep them for reference or research for public interest.

Section 36. The public performance, as appropriate, of a dramatic work or a musical work which is not organized or conducted for seeking profit from such activity and without direct or indirect charge and the performers not receiving remuneration for such performance is not deemed an infringement of copyright; provided that it is conducted by an association, foundation or another organization having objectives for public charity, education, religion or social welfare and that Section 32 paragraph one is complied with.

Section 37. A drawing, painting, construction, engraving, moulding, carving, lithographing, photographing, cinematographing, video broadcasting or any similar act of an artistic work, except an architectural work, which is openly located in a public place is not deemed an infringement of copyright in the artistic work.

Section 38. A drawing, painting, engraving, moulding, carving, lithographing, photographing, cinematographing or video broadcasting of an architectural work is not deemed an infringement of copyright in the architectural work.

Section 39. A photographing or a cinematographing or a video broadcasting of a work of which an artistic work is a component is not deemed an infringement of copyright in the artistic work.

Section 40. In case another person apart from the author jointly owns the copyright in an artistic work, the subsequent creation by the same author of the artistic work in such a manner that a part of the original artistic work is reproduced or the printing pattern, sketch, plan, model or data derived from a study which has been applied in the creation of the original artistic work is used is not deemed an infringement of copyright in the artistic work; provided that the author does not reproduce or copy the significant part of the original artistic work.

Section 41. A restoration in the same appearance of a building which is a copyright architectural work by virtue of this Act is not deemed an infringement of copyright.

Section 42. When the term of protection for a cinematographic work expires, the communication to public of the cinematographic work is not deemed an infringement of copyright in the literary work, dramatic work, artistic work, musical work, audiovisual work, sound recording or any work previously used to make such cinematographic work.

Section 43. A reproduction of a copyright work by virtue of this Act for the benefit of government service by an authorized official or by an order of such official which is in the possession of the government is not deemed an infringement of copyright; provided that Section 32 paragraph one is complied with.
 

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         กรมทรัพย์สินทางปัญญา
        
         ศาลทรัพย์สินทางปัญญา  
          
         Motion Picture Association

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