A Study of Concept and Development Of ‘Originality and Creativity’ Under Thai Traditional and Contemporary Paintings: A Proposal for The Amendment of Thai Copyright

Main Article Content

Chongnang Wiputhanupong
Waraporn Wichayarath

Abstract

This Research Is A Research Study In The Field Of Humanities, The Type Of Basic Pure Research. Aims To Study, Analyze, Criticize, And Synthesize To Obtain A Basic Conceptual Framework On 'Initiative And Creativity' Or 'The Expression Of The Wisdom Of The Creator' In The Context Of Creative Works In The Art Group (Thai Paintings), Including Both Traditional And Contemporary Paintings, And To Propose Policy Recommendations For Developing Citizen Consciousness As Well As The Development Of Thai Copyright Laws In The Future. The Research Tools Are Electronic Media and Field Interviews, Divided into Two Groups: Group 1 Visits Communities, And Places with Murals, To Interview the Painters, Regarding the Ownership Of The Works. Group 2 Visits. The Creators with Current Expertise, Collecting Secondary Data Using Academic Information and Other Information Obtained from Semi-Structured Interviews, Which Will Be Used With Relevant Target Groups. The Research Results Found That There Were No Conclusions or Assumptions Regarding Copyright Protection and The Use of Copyrighted Works. There Are Three Groups of People Involved: 1) The Author, 2) The Publisher, And 3) The Public User. It Proposes to Amend the Copyright Law of Thailand To Provide Copyright Protection To Derivative Works To Cover Any Elements Consisting Of The Original Idea And Creativity Of The Creator Of The Derivative Work, Regardless Of Whether The Work Was Created With The Permission Of The Copyright Owner In The Original Work Or Not.

Article Details

How to Cite
Wiputhanupong, C., & Wichayarath, W. . (2025). A Study of Concept and Development Of ‘Originality and Creativity’ Under Thai Traditional and Contemporary Paintings: A Proposal for The Amendment of Thai Copyright. Sripatum Review of Humanities and Social Sciences, 25(2), 41–54. retrieved from https://so05.tci-thaijo.org/index.php/spurhs/article/view/278418
Section
Research Article

References

Announcement on the Administration of Vajiranana Library as the Bangkok Library (Rattanakosin Era 124 [1905]). Royal Gazette.

Copyright Act B.E. 2537 (1994). (2018, December 21). Royal Gazette, 111(59 Ko). Copyright, Designs and Patents Act 1988 (c. 48) (UK).

Feist Publications, Inc. v. Rural Telephone Service Co., 499 U.S. 340 (U.S. Supreme Court 1991). Infopaq International A/S v. Danske Dagblades Forening, Case C-5/08, ECLI:EU:C:2009:465 (Court of Justice of the European Union 2009).

Rose, M. (1993). Authors and owners: The invention of copyright. Harvard University Press. Statute of Anne, 8 Anne, c. 19 (1710). An Act for the Encouragement of Learning… Parliament of Great Britain. [Online]. Retrieved from: https://avalon.law.yale.edu/18th_century/anne_ 1710.asp

Sterling, J. A. L. (2008). World copyright law: Protection of authors’ works, performances, phonograms, films, video, broadcasts, and published editions in national, international and regional law. 3rd ed. Sweet & Maxwell.

World Trade Organization. (1994). Marrakesh Agreement establishing the World Trade Organization. WTO.