In more detail

Casting your mind back to 2023, we issued a newsletter detailing the draft amendment to the Copyright Act (link) and its objective of harmonizing Thai copyright law with the WIPO Performances and Phonograms Treaty (WPPT). An initial round of public hearings was scheduled to follow, culminating in the Cabinet’s approval of the draft amendment and its review by the OCS.

In light of this, the Department of Intellectual Property has held another public hearing on the updated draft amendment to the Copyright Act between 8 and 22 August 2025.

While the key provisions from the earlier draft remain relevant, the current version introduces several notable considerations, including:

• Definitions: To enhance clarity and ensure adaptability to the evolving electronic and digital landscape, the draft proposes revisions to the definitions of audiovisual work, cinematography, sound recording, communication to the public, and publication.

• Moral rights: The draft clarifies provisions on moral rights for both authors of copyrighted works and performers, including: (i) the right to be identified, and (ii) the right to object to derogatory treatment. It also introduces a remedy for authors and performers through the publication of court decisions concerning infringement of moral rights.

• New scheme for performer remuneration: Under the draft, performers are entitled to equitable remuneration for the use of their commercially published sound recordings (including those made available online for on-demand access), whether through sound broadcasting or communication to the public.

  Users of sound recordings shall make a single payment either (a) directly to the performer, or (b) to the copyright holder, who will subsequently allocate the remuneration to the performer.

  Where remuneration cannot be agreed upon, the Copyright Committee is vested with the authority to determine an equitable amount.

• Limitation period for transfer of remuneration rights: The draft proposes limiting the transfer of the right to remuneration to a maximum period of five years, whereas the existing law does not impose such restriction. However, any assignment agreement of performers’ rights executed prior to the effective date of this amendment and still in force shall remain unaffected by this change.

• Destruction of infringing goods in civil cases: To provide further remedies to rights holders, the draft amendment proposes authorizing courts to consider ordering the destruction of copyright-infringing goods in civil cases at the infringer’s expense, upon the rights holder’s request. This amendment also applies to cases ongoing in the courts on the effective date of this amendment.

• Removal of minimum penalties: The draft proposes to remove all minimum penalties for all liabilities under the Copyright Act, allowing courts to exercise more flexible discretion when imposing penalties.

Once the draft is finalized, it will proceed through the legislative process in the House of Representatives. For further information, specific inquiries, or an assessment of how this draft amendment may affect your business operations, please contact our team for tailored assistance.