The Redefinition of “Publication” in Thai Copyright Law: Analysis and Potential Consequences

Abstract

This concise article examines the proposed redefinition of “publication” in Thai copyright law that is intended to cover internet publishing and to switch one of the criteria for publication from “consent of the author” to “consent of the copyright owner.”   The article briefly provides background on the existing definition of “publication” in the Berne Convention and Thai copyright law. It analyzes the three criteria for publication under the Berne Convention: (1) distribution of copies, (2) satisfying reasonable public requirements, and (3) consent of the author. 

The article argues that the criteria concerning “copies” and “satisfying reasonable public requirements” could become problematic in the digital age due to the nature of internet publishing.  It also argues that the redefinition’s switch from “consent of the author” to “consent of the copyright owner” could cause Thai copyright law to deviate from the Berne Convention’s requirement related to “consent of the author”.

For more completeness in this article, it also touches upon the concept of “simultaneous publication” and that of a “country of origin” which are related to each other.  Additionally, it points out that the provision on a “country of origin” is absent from the current Thai copyright law and thereby could impact legal proceedings in Thailand. 

The article addresses both potential benefits and unintended consequences of adopting the redefinition.  It urges careful refinement thereof, if adopted, to ensure that the new definition meets international norms and digital realities.  The author encourages policymakers to consider concerns and comments from stakeholders in refining the redefinition despite the public hearing previously held by the Ministry of Commerce’s Department of Intellectual Property.