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Volume 111, Issue 59A
Special Edition, Page 22
Royal Gazette

21 December 2537

Section5.The Minister of Commerce shall be in charge of this Act and shall have the power to appoint competent officials and to issue ministerial regulations for the execution of this Act.

Those ministerial regulations shall become applicable upon their publication in the Government Gazette.





Section6.A copyrighted work under this Act is a work of authorship in the type of literary work, dramatic work, artistic work, musical work, audiovisual work, film, sound recording, broadcast, or any other work in the field of literature, field of science, or field of art, which belongs to an author, irrespective of by whatever means or in whatever form it is expressed.

Copyright protection does not extend to ideas; or procedures, processes, or systems; or methods of use or operation;[1] or concepts, principles, discoveries, or scientific or mathematical theories.[2]

Section7.The following are not deemed copyrighted works under this Act:

(1)news of the day and facts with the characteristic of mere information, which are not works in the field of literature, field of science, or field of art;

(2)constitutions and laws;

(3)rules, regulations,[3] announcements,[4] orders,[5] explanations, and correspondences of ministries, bureaus,[6] departments, or any other state or local agencies;

(4)judgments,[7] orders,[8] rulings,[9] and official reports;[10]

(5)translations and collections of the things[11] according to (1) to (4), which are made by ministries, bureaus,[6] departments, or any other state or local agencies.



Section8.The author shall be the holder[12] of the copyright in the work he has created, subject to the following conditions:


  1. Literally, "methods of using or producing a work". "Producing a work" here can also be translated as "carrying out a work" or just "working".
  2. Since the Thai text does not employ punctuation, this can also be translated as "scientific or mathematical concepts, principles, discoveries, or theories".
  3. In fact, both rabiap (ระเบียบ), here translated as rule(s), and khobangkhap (ข้อบังคับ), here translated as regulation(s), are generally translated the same, as rule(s). Samnak-ngan Ratchabandittayasapha (2013) defines rabiap as "norm established as a guide of conduct or action" and khobangkhap as "rule or standard with which persons concerned are required to comply".
  4. In practice, prakat (ประกาศ) is referred to by various names, such as announcement, proclamation, notification, notice, etc. Samnak-ngan Ratchabandittayasapha (2013) defines prakat as (1) information given for general knowledge, such as notice of a temple, notice of a company; (2) information given by an official agency to the public for their knowledge or as a guide of conduct, such as royal proclamation, ministerial announcement, announcement of the Office of the Prime Minister.
  5. In practice, khamsang (คำสั่ง) is referred to by various names, such as order, directive, direction, instruction, mandate, etc.
  6. 6.0 6.1 Thabuang (ทบวง), here translated as bureau, is defined by Samnak-ngan Ratchabandittayasapha (2013) as a "central government agency which has juristic personality and is higher in status than department. There are two types of thabuang, namely, thabuang whose status is equivalent to a ministry, and thabuang whose status is lower than ministry and which is affiliated with the Office of the Prime Minister or with a ministry." At present, although there are some agencies whose names in English bear the word bureau, there are no longer thabuang.
  7. In practice, khamphiphaksa (คำพิพากษา) is referred to by various names, such as judgment, sentence, award, etc.
  8. The term khamsang (คำสั่ง) here, which is generally translated as order, perhaps specifically refers to an order issued by a judicial officer or body. Moreover, a judicial work called khamsang is, in practice, referred to by various names other than order, such as injunction, mandate, decree, writ, etc.
  9. Khamwinitchai (คำวินิจฉัย) can be translated variously, such as adjudication, decision, ruling, etc. Ruling is used here because it seems to be the term actually used by the judiciary of Thailand, as seen on the website of the Constitutional Court which refers to its khamwinitchai as ruling.
  10. Although rai-ngan (รายงาน) is generally translated as report in English, there are works which are called rai-ngan in Thai but are not referred to as reports in English, such as rai-ngan kanprachum (รายงานการประชุม), or meeting minutes, and rai-ngan krabuan phicharana (รายงานกระบวนพิจารณา), or judge's notes.
  11. The Thai phrase tang tang (ต่าง ๆ) means "various" and can be used just for marking the plurality of a noun. So, sing tang tang (สิ่งต่าง ๆ) can be translated "the various things" or just "the things".
  12. It is noteworthy that the term phumi (ผู้มี; "one who has, one who holds, one who possesses") is used here, instead of chaokhong (เจ้าของ; "owner") as in the other places.