Orphan Works

Abstract

The researcher studies problems and legal opinions concerning orphan works in the jurisdiction of the Kingdom of Thailand (Thailand). The researcher also compares legal measures applied to orphan works in the jurisdiction of Thailand and selected foreign jurisdictions, and the researcher proposes draft legal measures governing orphan works. The researcher used the qualitative research approach by collecting data through documentary research, in-depth interviews. Data were analyzed using content analysis and comparative analysis.

Findings are as follows: The Copyright Act, A.D. (1994) and its recent amendments do not have provisions governing orphan works, thereby limiting the right of accessibility to these works. This is one of the factors leading to copyright infringement in respect to orphan works. The Berne Convention for the Protection of Literary and Artistic Works, the Agreement of Trade-Related Aspects of Intellectual Property Rights and the World International Intellectual Property Organization do not contain provisions governing the problem of orphan works. Thus, the jurisdictions of the United States of America, Canada, Denmark , and Japan have adopted different measures in the present connection. At present, the USA employs a principle of fair use in solving the problem while the draft law has yet to have been enforced. The draft law stipulates that temporary protection be afforded by a court order enjoining an injunction. This approach is incompatible with the approach taken in Thailand. The jurisdictions of the United States of America, Canada, Denmark , and Japan have adopted different measures in the present connection. At present, the USA employs a principle of fair use in solving the problem while the draft law has yet to have been enforced. The draft law stipulates that temporary protection be afforded by a court order enjoining an injunction. This approach is incompatible with the approach taken in Thailand.