Page:พรบ ลิขสิทธิ์ พศ ๒๕๓๗.pdf/21

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Section⁠74.⁠In the event that a juristic person commits an offence under this Act, all the directors or managers of such juristic person shall be deemed to have jointly committed the offence together with the juristic person, save where they successfully prove that the act of the juristic person has been carried out without their knowledge or consent.

Section⁠75.⁠All the things which have been made or brought into the Kingdom in a manner infringing a copyright or performer's right under this Act and which are also under the ownership of the offender under section 69 or section 70 shall belong to the owner of the copyright or performer's right. As regards the things which have been used in the commission of an offence, all of them shall be confiscated.

Section⁠76.⁠One half of a fine paid according to a judgment shall be given to the owner of the copyright or performer's right. However, this does not affect the right of the owner of the copyright or performer's right to enter a civil claim for damages as regards the part not covered by^[1] the amount of the fine thus received by the owner of the copyright or performer's right.

Section⁠77.⁠The Director-General shall have the power to settle^[2] the offences under section 69, paragraph 1, and section 70, paragraph 1.

Transitory provisions

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Section⁠78.⁠The works which, on the date of coming into force of this Act, have already been subject to copyright according to the Act for the Protection of Literary and Artistic Works, 2474 Buddhist Era,^[3] or the Copyright Act, 2521 BE,^[4] shall enjoy the copyright protection under this Act.

The works which have been made prior to the date of coming into force of this Act and are not subject to copyright according to the Act for the Protection of Literary and Artistic Works, 2474 Buddhist Era, or the Copyright Act, 2521 BE, but are works eligible for copyright protection according to this Act, shall enjoy the copyright protection under this Act.

Countersignatory:
Chuan Leekpai
Prime Minister

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1. Literally, "the part that is beyond".
2. According to Samnak-ngan Ratchabandittayasapha (2013), the settlement of a criminal case, known as priapthiap (เปรียบเทียบ) in Thai, is an act by which an inquiry official or competent official under any law imposes an amount of fine on the criminal in that case as permitted by the law, of which the payment results in the termination of the case.
3. 1931 CE.