Problems of Private use in copyright.

Abstract

This research is qualitative research (Qualitative research) with the objective of studying the problem of the nature and criteria for using copyrighted works for one's own benefit. Quantity and proportion of use for one's own benefit in copyrighted work. and the extent of the use of the court's discretion in adjudicating cases according to the principle of use for one's own benefit in copyrighted works. By comparing Thai and international laws regarding use for one's own benefit. Including comparing the laws of Japan, England, France, and the United States.

The results of the study reveal that Thai and international laws still have problems in determining the nature and criteria for use for personal gain in copyrighted works. Including the problem of using discretion to consider the amount and proportion of use for one's own benefit in copyrighted works. However, international law itself specifies this principle broadly, allowing member countries to make their own choices under the principle of leniency. Protect copyright that takes into account the balance of benefits between the rights holder and the public. The guidelines for weighing and prioritizing various factors state that, in cases where the weight of the factors is close, the fourth factor—the impact on the value of the work and the market—should be considered the crucial final factor. This is because it is a key element reflecting the impact on the copyright holder's motivation to create the work and its effect on the economic development cycle. In determining whether something is considered fair use, all four factors should be weighed together, and it should not be assumed that conflict with any one factor immediately constitutes copyright infringement. This is to allow for flexibility and careful judgment.