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Volume 111, Issue 59A
Page 6
Royal Gazette

21 December 2537

(1)in the event that the work has not yet been published, the author must have been a Thai national or have resided in the Kingdom, or have been a national of or have resided in a country which is a party to a convention on protection of copyright to which Thailand is also a party, throughout or for most of the time of creation of such work;

(2)in the event that the work has already been published, the work has been published for the first time in the Kingdom or in a country which is a party to a convention on protection of copyright to which Thailand is also a party; or in the event that the first publication has been done outside the Kingdom or in a country which is not a party to a convention on protection of copyright to which Thailand is also a party, the work is, within 30 days reckoned from the date of its first publication, published in the Kingdom or in a country which is a party to a convention on protection of copyright to which Thailand is also a party, or the author is of the characteristic stated in (1) at the time of the first publication.

In the event that an author is required to be a Thai national, if the author is a juristic person, such juristic person must have been set up in accordance with Thai law.[1]

Section9.As regards a work which has been created by an author in his capacity as a worker[2] or employee, the copyright in such work shall belong to the author, unless a different agreement has been adopted in writing. However, the employer has the right to communicate such work to the public according to the objectives of the hire of service.[3]

Section10.As regards a work which has been created by an author on account of being hired[4] by another person, the hirer shall be the holder[5] of the copyright in such work, save where the author and the hirer have adopted a different agreement.

Section11.When any work bears a characteristic of having been adapted from a copyrighted work under this Act with the permission of the owner of the copyright, the person who has carried out such adaptation shall hold[6] the copyright in the work of adaptation[7] according to this Act. However, this does not affect the rights of the copyright owner in the work of the original author which has been adapted.

Section12.When any work bears a characteristic of having been compiled or assembled from copyrighted works under this Act with the permission of the copyright owners, or having been compiled or assembled from data or any other things which can be read or transmitted using a machine or other device, if the compiler or assembler has compiled or assembled the said work by [means of] selection or organisation in a manner which does not imitate another person's work, the compiler or assembles shall hold[6] the copyright in the work of compilation or assemblage according this Act. However, this does not affect the rights of the copyright owners in the works, or data, or any other things of the original authors which have been compiled or assembled.


  1. Literally, "such juristic person must be a juristic person set up in accordance with Thai law".
  2. Samnak-ngan Ratchabandittayasapha (2013) defines pha-nak-ngan (พนักงาน) as "person having the duty to perform a work".
  3. The Civil and Commercial Code, section 575 (Phra Ratchakritsadika..., 1929, p. 36), provides: "As regards a hire of service, it is a contract by which a person, called the employee, agrees to carry out a work for another person, called the employer, and the employer agrees to provide remuneration throughout the time the work is carried out for him." Hire of service is the English name of such a contract, according to Samnak-ngan Ratchabandittayasapha (2016), although the Thai name literally translates "hire of labour".
  4. The Civil and Commercial Code, section 587 (Phra Ratchakritsadika..., 1929, p. 40), provides: "As regards a hire of work, it is a contract by which a person, called the hired, agrees to carry out for another person, called the hirer, a particular work until its completion, and the hirer agrees to provide remuneration for the completion of the work so carried out." Hire of work is the English name of such a contract, according to Samnak-ngan Ratchabandittayasapha (2016), although the Thai name literally translates "hire for making a thing".
  5. Cite error: Invalid <ref> tag; no text was provided for refs named hd
  6. 6.0 6.1 It is noteworthy that the term mi (มี; "to have, to hold, to possess") is used here, whilst pen chaokhong (เป็นเจ้าของ; "to be the owner [of]; to own") is used in most of this document.
  7. Literally, "work that has been adapted".