CHAPTER 2 PERFORMERS’ RIGHTS
Section 44. A performer has the following exclusive rights with respect to the acts concerning his performance of:
(1) sound and video broadcasting or communication to public of the performance, except sound and video broadcasting or communication to public from a recording material which has been recorded;
(2) recording the performance which has not been recorded;
(3) reproducing the recording material of the performance which has been recorded without consent of the performer, or the recording material of the performance with consent of the performer for different purposes, or the recording material of the performance which has been done pursuant to the exceptions of the infringement of performer’s rights by virtue of Section 53.
Section 45. Any person who directly uses a sound recording of a performance, which has been published for commercial purposes or the copies thereof in a broadcast or a communication to public, is bound to pay an equitable remuneration to the performer. In case the parties can not agree upon the remuneration, the Director-General shall stipulate the remuneration by taking into account the normal rate of remuneration in such specific business.
A party may appeal against the order of the Director-General according to paragraph one to the Board within ninety days as from the date of the receipt of the letter informing the order of the Director-General. The decision of the Board shall be final.
Section 46. Where there are more than one performer involved in a performance or an audio recording of a performance, those performers may appoint a joint agent to monitor or administer their rights.
Section 47. A performer has the rights in his performance according to Section 44, provided that the following conditions are met:
(1) the performer has Thai nationality or has a habitual residence in the Kingdom or;
(2) the performance or the major part of the performance takes place in the Kingdom or in a country which is a member of the Convention for the protection of performers’ rights of which Thailand is also a member.
Section 48. A performer is eligible to a remuneration according to Section 45, provided that the following conditions are met:
(1) the performer has Thai nationality or has a habitual residence in the Kingdom when the audio recording of the performance takes place or when he exercises a claim of his rights or;
(2) the audio recording of the performance or the major part of the audio recording of the performance takes place in the Kingdom or in a country which is a member of the Convention for the protection of performers’ rights of which Thailand is also a member.
Section 49. The performer’s rights according to Section 44 last for fifty years as from the last day of the calendar year in which the performance takes place. In case the performance is recorded, the performer’s rights last for fifty years as from the last day of the calendar year in which the recording of the performance takes place.
Section 50. The performer’s rights according to Section 45 last for fifty years as from the last day of the calendar year in which the recording of the performance takes place.
Section 51. The performer’s rights according to Section 44 and Section 45 are assignable, whether in whole or in part, and may be assignable for a fixed duration or for the whole term of protection.
In case there are more than one performer involved, each performer is entitled to assign the mere portion of his rights.
The assignment of rights by other means except by inheritance must be made in writing with signatures of the assignor and the assignee. If the duration is not specified in the assignment contract, the assignment is deemed to last for three years.
Section 52. Any person who acts as specified in Section 44 without consent of the performer or without paying remuneration in accordance with Section 45 is deemed to infringe the performer’s rights.
Section 53. Section 32, Section 33, Section 34, Section 36, Section 42, and Section 43 shall apply mutatis mutandis to the performer’s rights.