Copyright Takedown notice in Thailand
Copyright Takedown Notice in Thailand: How It Works
Meta description:
How copyright owners remove infringing content online in Thailand, who must act, and why missing information can stop a takedown.
Copyright Takedown Notice in Thailand: How It Works
Short answer: In Thailand, a copyright takedown notice in thailand owner can ask a court to order an internet service provider to remove infringing content. The provider is protected from liability if it follows the order and is not involved in the infringement.
How does Thailand's law compare with other countries?
Many countries have updated their copyright laws to deal with online copying, and Thailand's 2015 amendment follows the same trend. It combines new exceptions for everyday technical copying with stronger tools for owners, such as protection for digital rights information. Businesses that work in several countries should not assume the rules are identical, because exceptions, remedies and procedure differ from one jurisdiction to another.
Which works are protected?
Copyright generally protects original creative works, including written material, music, films, photographs, artwork and computer software. It protects the way an idea is expressed, not the idea itself. For example, two people can write different books about the same subject, but neither may copy the other's text.
What Did the Thailand Copyright Law Amendment Change?
The Thailand copyright law amendment of 2015 was the first major update to the Copyright Act B.E. 2537 (1994), which came into force in 1995. Lawmakers revised the Act because social media and the internet had made copying a work as easy as a single click. The amendment added rules aimed at online infringement, including a court-based takedown route, protection for digital rights information, and higher damages for intentional copying. It also set out specific exceptions, such as resale of lawfully acquired copies and certain accessibility uses, so that everyday and technical copying was not treated as infringement.
What should creators do to protect their work?
Creators should keep dated drafts, source files, contracts and publication records, because these help prove ownership if a dispute arises. It is also wise to put clear licence terms on websites and products, and to use written agreements with designers, freelancers and agencies so that ownership is not left unclear. Early record keeping is cheap, while proving ownership later can be expensive.
What is a takedown notice?
A copyright takedown notice in Thailand is a request to remove infringing material from a website or platform. It was introduced as part of the 2015 update to the Copyright Act.
Who does what?
- Copyright owner: files the request and gives the court the required details.
- Court: decides whether to order removal.
- Internet service provider: removes the content once ordered, and is generally protected if not directly involved.
Why do takedowns fail?
The burden is on the owner. If the required information is missing, the infringing material can stay online. Prepare these before filing:
- Proof you own the work.
- The exact web addresses of the infringing copies.
- Dated screenshots.
- Details of the infringer, if known.
Other options besides takedown
Police action, border measures, settlement and civil claims are also available to rights holders.
FAQ
Does the provider get sued? A provider that follows the court order and is not part of the infringement is generally protected.
Is a takedown always the best remedy? No. A settlement or a civil claim may suit some cases better.
By Asma Raza, Raza & Associates. General information only, not legal advice.
Comments
Post a Comment