Best Copyright Lawyers in Bang Khen

About Copyright Law in Bang Khen, Thailand

Copyright in Bang Khen is governed by Thai national law. The rules are the same across Thailand, and courts and agencies in Bangkok handle most enforcement and disputes. Copyright protects original works such as books, articles, software, music, films, photographs, artworks, architectural plans, choreographic works, and other creative expressions fixed in a tangible form. Protection arises automatically upon creation. You do not need to register to have copyright in Thailand.

The owner of copyright holds exclusive economic rights, typically including the rights to reproduce, adapt, communicate to the public, make available online, distribute, and in some cases rent the work. Authors also hold moral rights, such as the right to be named as the author and the right to object to derogatory modifications that harm their reputation.

Thailand is a member of the Berne Convention. This means many foreign works are protected in Thailand and Thai works are protected in many other countries. As a district of Bangkok, Bang Khen residents and businesses typically work with the Department of Intellectual Property and the Central Intellectual Property and International Trade Court, both located in the Bangkok area.

Why You May Need a Lawyer

Copyright issues often arise in everyday business and creative activities. You may need a lawyer in Bang Khen if you are starting a brand, launching a website or app, producing media content, hiring freelancers, or using third party materials in marketing, education, or software development. Common situations include clearing rights for photos or music, drafting licenses, negotiating content deals, responding to takedown notices, defending against infringement claims, managing software compliance and audits, drafting work-for-hire and employment IP clauses, combating online piracy and counterfeit media, dealing with social media content disputes, and coordinating cross-border use of content.

A lawyer can help you assess risk, set up contracts, collect and preserve evidence, send effective demand letters, use notice-and-takedown tools, coordinate with Thai authorities, and represent you before the Central Intellectual Property and International Trade Court. Legal advice is especially valuable when the work involves multiple contributors, when the creator is an employee or contractor, or when your business relies on licensed content.

Local Laws Overview

The main statute is the Copyright Act B.E. 2537 (1994), as amended by the Copyright Act (No. 2 and No. 3) B.E. 2558 (2015) and later updates including changes adopted in 2022. Key points include automatic protection without registration, recognition of moral rights, and civil and criminal remedies for infringement. In the employment context, economic rights in works created in the course of employment may belong to the employer unless otherwise agreed. For commissioned works, the creator typically owns the copyright unless a written agreement assigns or licenses the rights.

Duration usually runs for the life of the author plus 50 years. For works by a juristic person or for anonymous or pseudonymous works, protection commonly lasts 50 years from first publication or creation, depending on the case. Specific categories can differ, so confirm the term for your type of work before relying on it.

Thai law provides exceptions and limitations similar to fair dealing for uses such as research, private study, criticism, review, news reporting, teaching, library uses, and certain temporary technical copies. The exact scope is fact specific. It is safest to get advice before relying on an exception. Thailand also regulates technological protection measures and imposes obligations relevant to online service providers. Online enforcement may involve both copyright rules and the Computer Crime Act, and some actions require a court order.

Enforcement pathways include civil lawsuits for injunctions and damages, criminal complaints that can lead to police raids and prosecutions, and border measures with Thai Customs to stop infringing goods at entry or exit. Copyright disputes are heard by the Central Intellectual Property and International Trade Court in Bangkok, which covers Bang Khen. Local police units and specialized divisions support enforcement, and the Department of Intellectual Property can provide guidance on procedures.

Frequently Asked Questions

Do I need to register my work to have copyright in Thailand

No. Protection is automatic when an original work is created and fixed. There is no mandatory registration system. The Department of Intellectual Property offers certain recordal or notification services that can help you keep evidence of ownership, and parties can also record license agreements. These are optional but can assist in enforcement.

How long does copyright protection last

For most works created by an individual author, the term is the life of the author plus 50 years. For works created by a juristic person or anonymous or pseudonymous works, the term is typically 50 years from first publication or, if not published, from creation. Some categories have different rules, so check the specific work type with a lawyer.

What rights do I get as a copyright owner

You generally control reproduction, adaptation, communication and making available to the public, distribution, and in some cases rental. You also hold moral rights to be named as the author and to object to modifications that harm your reputation. You can license or assign your economic rights in whole or in part.

Who owns a work created by an employee or a contractor

The initial author is the creator. For works created in the course of employment, economic rights may belong to the employer unless the parties agree otherwise. For commissioned works, the creator typically owns the rights unless a written agreement assigns them. Use clear written contracts in Thai and English if needed to avoid disputes.

Can I use images or music I found online

Not without permission, unless your use falls within an exception or the work is in the public domain or licensed for your specific use. Always review license terms on stock platforms and open licenses. Keep records of the license and attribution requirements. When in doubt, obtain written permission.

What counts as fair use or fair dealing in Thailand

Thai law provides specific exceptions for purposes such as research, private study, criticism, review, news reporting, teaching, and library uses. The scope is narrower and more defined than US style fair use. Whether a use qualifies depends on the purpose, amount used, and market effect. Get tailored advice before relying on an exception.

How do I handle online infringement affecting my business in Bang Khen

Collect evidence with date and time stamps and URLs, then send a notice to the platform or service provider using their reporting tools. Thailand recognizes limited safe harbors for service providers that act upon notices, and some actions require a court order or coordination under the Computer Crime Act. A lawyer can prepare notices, liaise with platforms, and obtain court orders when needed.

What are the penalties for infringement in Thailand

Copyright infringement can lead to civil liability for damages and injunctions, and criminal penalties that may include fines and imprisonment for willful commercial-scale infringement. Courts can order delivery up or destruction of infringing goods and materials used to make them. Remedies depend on the facts and severity of the conduct.

Can I protect software and databases

Computer programs are protected as literary works. The code and original selection or arrangement in databases may be protected. Licenses, EULAs, and access controls are important to manage rights. Keep development records and contributor agreements to show ownership and ensure third party components are used under proper licenses.

What should I do if I receive a demand letter alleging infringement

Do not ignore it. Note all deadlines. Preserve relevant evidence, avoid deleting content, and contact a lawyer promptly. Your lawyer can evaluate the claim, consider defenses or exceptions, negotiate a license or settlement if appropriate, and respond to reduce risk. Quick engagement often prevents escalation.

Additional Resources

Department of Intellectual Property - The Thai government agency responsible for copyright policy, guidance, and administrative services. They provide information on the Copyright Act, licensing practices, and public education.

Central Intellectual Property and International Trade Court - The specialized court in Bangkok that hears copyright disputes, including cases arising in Bang Khen.

Royal Thai Police - Economic Crime Suppression Division - A unit that supports criminal enforcement in cases of commercial-scale infringement and piracy.

Thai Customs - Intellectual property enforcement team that can help with border measures against infringing imports and exports.

Lawyers Council of Thailand and local bar associations - Useful for finding licensed attorneys with IP experience.

University legal clinics in Bangkok - Some universities operate legal aid or consultation clinics that may assist with basic copyright questions.

Next Steps

If you need legal assistance in Bang Khen, start by documenting your situation. Gather copies, screenshots, URLs, file hashes, contracts, invoices, and any correspondence. Note dates and the location of any infringing activity or content. If you are planning to use someone else’s content, list each item with its source and proposed use so a lawyer can assess clearance needs.

Consult a copyright lawyer early. Ask for a preliminary risk review, a plan for licensing or enforcement, and a timeline. If enforcement is needed, your lawyer may send a demand letter, file takedown notices, coordinate with authorities for raids or seizures in serious cases, and file a case with the Central Intellectual Property and International Trade Court. If your goal is clearance, your lawyer can draft or negotiate licenses, assignments, and employment or contractor IP clauses. For ongoing operations, set up internal policies for content use, software compliance, and record keeping to reduce future risk.

This guide provides general information only. Laws and procedures change, and outcomes depend on your facts. For advice tailored to your situation in Bang Khen, speak with a qualified Thai copyright attorney.