Best Copyright Lawyers in Bangkok Noi

About Copyright Law in Bangkok Noi, Thailand

Copyright law in Bangkok Noi follows national Thai law. Protection arises automatically when an original work is created and fixed in a tangible form. No registration is required to obtain rights. Copyright protects literary works, software, music, sound recordings, films, photographs, visual art, architectural works, databases that show sufficient creativity, and more. Creators receive economic rights such as reproduction, distribution, communication to the public, adaptation, and rental rights for certain categories, along with moral rights that protect attribution and integrity. Disputes in Bangkok Noi are handled under the jurisdiction of courts in Bangkok, with specialized cases heard by the Central Intellectual Property and International Trade Court.

Why You May Need a Lawyer

You may need a lawyer to draft or negotiate licensing and assignment agreements so that scope, fees, territory, and term are clear and enforceable. You may need help sending effective cease and desist letters and takedown notices to platforms and internet service providers. You may need guidance on fair dealing and other exceptions to reduce infringement risk in publishing, education, software, marketing, and research. You may need to prepare evidence and strategy for civil lawsuits seeking injunctions and damages, or to coordinate criminal complaints with authorities. You may need advice on cross border issues when your work is exploited by foreign websites or when you plan to use foreign works in Thailand. You may need help with collective rights management in the music and audiovisual sectors. Startups and creators often seek advice on open source use, user generated content, and platform policies. Businesses in Bangkok Noi also engage lawyers for employee and contractor agreements to ensure the company owns commissioned works. Content owners rely on counsel for customs recordation requests to stop pirated goods at the border.

Local Laws Overview

The core legislation is the Copyright Act B.E. 2537 as amended. Amendments have modernized digital rights, technological protection measures, rights management information, and safe harbor rules for service providers. Thailand is a party to the Berne Convention, which means no formalities are required for protection and foreign works from member countries receive national treatment.

Duration is generally the life of the author plus 50 years. Different fixed terms apply to certain categories such as works made by juristic persons, cinematographic works, and applied art. Because rules vary by category, confirm the term that applies to your work with a practitioner.

Moral rights are recognized. Authors have the right to be named and to object to derogatory modifications. These rights exist even after an economic rights transfer, within statutory limits.

Assignments should be in writing. Licenses are typically documented in writing, with exclusive licenses requiring careful drafting. Absent clear agreement, Thai law may not imply a broad transfer, so contracts should specify scope, media, territory, and duration.

Exceptions are limited and purpose based. Fair dealing covers research or study, criticism or comment, news reporting, teaching, library use, and government or judicial use, subject to fair practice and market harm tests. These are narrower than fair use doctrines in some other countries. There are also technical exceptions for temporary reproduction and platform caching when conditions are met.

Online enforcement exists. Rights holders can use notice procedures and seek court orders to require service providers to remove or disable access to infringing content. Service providers that follow statutory procedures may benefit from safe harbor. Details are technical and time sensitive, so legal assistance is recommended.

Remedies include preliminary and permanent injunctions, damages, and delivery up or destruction of infringing goods and materials. Criminal penalties are available for willful commercial infringement. Enforcement may involve the Royal Thai Police, the Department of Special Investigation, and Thai Customs for border measures. Specialized copyright disputes are heard at the Central Intellectual Property and International Trade Court in Bangkok.

Official proceedings are conducted in Thai. Evidence and contracts in other languages will need certified Thai translations.

Frequently Asked Questions

What counts as an original work protected by copyright

Any work that shows minimal creativity and is fixed in a tangible form is protected. This includes text, software code, photographs, drawings, music, sound recordings, films, choreography notes, and architectural designs. Ideas, methods, and facts are not protected, but the original expression of them is.

Do I need to register my work in Thailand

No. Copyright arises automatically upon creation. There is no official registration that is required for protection. Keeping dated drafts, project files, and contracts is important because they help prove ownership and creation date in a dispute.

How long does copyright last

For most individual authors, the term is life of the author plus 50 years. For certain categories such as works by juristic persons, films, and applied art, different fixed terms apply. Check the category specific rules before relying on a particular expiry date.

What is the difference between economic rights and moral rights

Economic rights control exploitation such as copying, distribution, communication to the public, and adaptation. Moral rights protect your name and the integrity of your work. Moral rights can be asserted even after an assignment of economic rights, within the scope provided by law.

What is fair dealing in Thailand

Fair dealing permits limited use for research or study, criticism or comment, news reporting, teaching, and certain library or government uses. The use must be fair to the rights holder. There is no broad fair use doctrine. If a use competes with the market for the work or uses more than necessary, it is unlikely to be fair.

How do I stop online infringement from Bangkok Noi

Collect evidence by saving URLs, timestamps, and screenshots. Engage a lawyer to assess notice requirements under the Copyright Act and to prepare a legally compliant notice. Where necessary, apply to the court for an order requiring a service provider or platform to remove or disable access. Consider parallel actions such as platform policy reports and criminal complaints for commercial scale piracy.

Can I use a photograph or song I found online if I credit the author

Credit alone does not create a license. You need permission unless an exception applies or the work is licensed for your use under clear terms such as a Creative Commons license. Always review the specific license terms and comply with attribution and noncommercial or share alike conditions when applicable.

Who owns works created by employees or contractors

Ownership depends on the contract. Employers often require written agreements that assign works created within the scope of employment. For contractors, the default is that the creator owns the work unless a written assignment or license says otherwise. Always put ownership and license scope in a signed agreement before work begins.

What remedies can I get in court

You can seek preliminary injunctions to stop ongoing infringement, final injunctions, damages, delivery up or destruction of infringing goods, and orders to disclose information about suppliers or distributors. In appropriate cases criminal enforcement may run in parallel for willful commercial infringement.

Can foreigners enforce copyright in Thailand

Yes. Thailand honors the Berne Convention. Works from member countries receive protection without formalities. Foreign rights holders routinely enforce rights in the Central Intellectual Property and International Trade Court with local counsel.

Additional Resources

Department of Intellectual Property, Ministry of Commerce. Provides policy, education, and support on copyright matters and coordinates with enforcement bodies.

Central Intellectual Property and International Trade Court, Bangkok. Specialized court for copyright and related disputes.

Royal Thai Police, Economic Crime Suppression Division. Handles criminal complaints related to commercial scale infringement.

Department of Special Investigation, Bureau of Intellectual Property Crime. Investigates complex or large scale copyright cases.

Thai Customs Department. Implements border measures to detain suspected counterfeit or pirated goods.

Lawyers Council of Thailand. Professional body for lawyers. Useful for verifying lawyer credentials.

Collective management organizations in the music and audiovisual sectors. Useful for obtaining performance and mechanical licenses for public use of music and film clips.

Next Steps

Clarify your objectives. Decide whether you want removal of content, compensation, a license, or a long term business solution. Gather evidence. Keep copies of your work, drafts, metadata, screenshots, URLs, and any contracts or emails. Avoid engaging directly with infringers in a way that could escalate risk. Consult a copyright lawyer in Bangkok who regularly appears before the Central Intellectual Property and International Trade Court. Ask about strategy, timelines, budget, and settlement options.

If you are a business in Bangkok Noi, review your content workflows. Put written agreements in place with employees and contractors covering ownership, licenses, and moral rights acknowledgments. Implement a content clearance checklist for images, music, and software. Train staff on fair dealing, open source license compliance, and platform terms. For online platforms, adopt and publish a notice and takedown policy that meets Thai safe harbor conditions.

Where urgent harm exists, discuss preliminary injunctions and evidence preservation with your lawyer. For physical goods, consider requesting customs assistance. For online piracy, prepare platform notices and, if needed, court applications. Keep communications professional and factual, and maintain a timeline of all actions taken. Timely, well documented steps will strengthen your position in negotiations and in court.