CHAPTER 1 : COPYRIGHT - PART 2 ACCUSITION OF COPYRIGHT พิมพ์

PART 2 ACCUSITION OF COPYRIGHT

Section 8. The author is the owner of copyright in the work of authorship subject to the following conditions:

(1) In the case of unpublished work, the author must be a Thai national or reside in Thailand or be a national of or reside in a country which is a member of the Convention for the protection of copyright of which Thailand is a member, provided that the residence must be at all time or most of the time spent on the creation of the work ;

(2) In the case of published work, the first publication must be made in Thailand or in a country which is a member of the Convention for the copyright protection of which Thailand is a member, or in the case the first publication is made outside Thailand or in a country which is not member of the Convention for the copyright protection of which Thailand is a member, if the publication of the said work is subsequently made in Thailand or in a country which is member of the Convention for the copyright protection of which Thailand is a member within thirty days as from the first publication, or the author has the qualifications as prescribed in (1) at the time of the first publication.

In case the author must be a Thai national, if the author is a juristic person, it must be established under the Thai law.

Section 9. Copyright in the work created by the author in the course of employment vests in the author unless it has been otherwise agreed in writing; provided that the employer is entitled to communicate such work to public in accordance with the purpose of the employment.

Section 10. Copyright in the work created in the course of commission vests in the employer, unless the author and the employer have agreed otherwise.

Section 11. Copyright in the work which is an adaptation of a copyright work by virtue of this Act done with the consent of the owner of copyright vests in the person who makes such adaptation but without prejudice to the owner of copyright in the work, created by the original author, which is adapted.

Section 12. Copyright in the work which is a compilation or a composition of copyright works by virtue of this Act done with the consent of the owners of copyright or a compilation or a composition of data or the materials which are readable, or conveyable by a machine or other apparatus vests in the person who makes the compilation or the composition; provided that he has done so by means of selection or arrangement in the manner which is not an imitation of the work of another person but without prejudice to the owners of copyright in the works or data or other materials, created by the original authors, which are complied or composed.

Section 13. Section 8, Section 9 and Section 10 shall apply mutatis mutandis to the acquisition of copyright under Section 11 or Section 12.

Section 14. Ministries, Departments or other government or local units are the owners of copyright in the works created in the course of employment, order or control unless it is otherwise agreed in writing.