Understanding Copyright Law in Thailand for Foreigners
In today's digital age, protecting your intellectual property is more crucial than ever. For foreigners living or doing business in Thailand, understanding and navigating the complexities of Thai copyright law is essential to safeguarding your creative works. At PS Law & Business, we specialize in providing comprehensive copyright services tailored to the needs of our international clients.
Thailand is a signatory to the Berne Convention, which means that copyright protection is automatically granted to creative works upon their creation. However, registering your copyright with the Department of Intellectual Property (DIP) in Thailand provides significant advantages, especially in cases of infringement. For more details on business-related legal structures, see our page on Limited Company registration.
What Can Be Protected by Copyright in Thailand?
A wide range of creative works can be protected by copyright, including:
- Literary works (books, articles, and other writings)
- Computer software
- Artistic works (paintings, sculptures, photographs)
- Musical works (compositions and lyrics)
- Dramatic works (plays, screenplays)
- Audiovisual works (films, videos)
- Sound recordings
It is important to note that ideas, procedures, and concepts themselves cannot be copyrighted, but the expression of those ideas can. Our team can help you determine the best way to protect your specific intellectual property.
Our Copyright Services
We offer a full suite of copyright services to ensure your creative works are fully protected in Thailand. Navigating the legal landscape of a foreign country can be challenging, which is why our experienced lawyers are here to guide you every step of the way.
Copyright Registration
While copyright protection is automatic, registering your work with the DIP provides a public record of your ownership and is crucial for enforcement. The registration process can be complex, involving the preparation and submission of specific documents in Thai. We handle the entire registration process for you, ensuring all legal formalities are met. This is an essential step for any business, much like obtaining a Foreign Business License.
The Registration Process:
- Consultation: We assess your work to ensure it qualifies for copyright protection and advise on the best strategy.
- Document Preparation: We prepare all necessary application forms and supporting documents in the Thai language.
- Submission: We file the application with the Department of Intellectual Property on your behalf.
- Follow-up: We monitor the application process and respond to any queries from the DIP until the Certificate of Copyright is issued.
Copyright Infringement
If your copyrighted work is used without your permission, it is considered infringement. We provide robust legal support to protect your rights and take action against infringers. Our litigation team is experienced in handling copyright disputes and can represent you in negotiations, mediations, and court proceedings. In cases of online infringement, we can assist in having the infringing content removed from websites and other digital platforms. For broader business disputes, you might also be interested in our page on litigation vs. arbitration.
| Our Infringement Services | Description |
|---|---|
| Cease and Desist Letters | We issue formal letters to infringers demanding they stop using your work and seek compensation for damages. |
| Litigation | We represent you in the Intellectual Property and International Trade Court to enforce your copyright. |
| Online Takedown Notices | We work with internet service providers to remove infringing content from online platforms. |
Licensing and Agreements
Properly drafted agreements are essential for commercializing your creative works. We can assist you with drafting and reviewing various copyright-related contracts, including:
- Licensing Agreements: Granting others the right to use your work under specific conditions.
- Assignment Agreements: Transferring ownership of your copyright to another party.
- Non-Disclosure Agreements (NDAs): Protecting your ideas and works before they are made public.
Frequently Asked Questions (FAQ)
Do I need to be in Thailand to register my copyright?
No, you do not need to be physically present in Thailand. We can act as your legal representative to handle the entire copyright registration process on your behalf.
How long does copyright protection last in Thailand?
Generally, copyright protection in Thailand lasts for the lifetime of the author plus 50 years. For works created by a juristic person, protection lasts for 50 years from the date of creation or first publication.
What should I do if I find someone using my work without permission?
The first step is to gather evidence of the infringement. Then, contact a copyright lawyer to discuss your options, which may include sending a cease and desist letter or filing a lawsuit. You can also learn more about your legal options by visiting our page on civil cases.
Can I copyright a website?
Yes, the various elements of a website, such as the text, images, and underlying code, can be protected by copyright.
