Intellectual Property

FAQs about Copyright

FAQs about Copyright

1. What is copyright?
 
Answer:
Copyright is defined as the exclusive right automatically given to the creator or the right holder who:
  • creates an original work (see No.2 for fields of work)
  • expresses Idea
  • owns the works that do not contradict the laws and public morality
2. What are 9 fields of the original work to get copyright protection?
 
Answer:
1. Literary work (books, journals, computer programs, etc.)
2. Dramatic work (traditional dancing poses, modern dancing poses, etc.)
 
3. Artistic work (7 types of works)
    3.1 work of painting and drawing
    3.2 work of sculpture
    3.3 work of lithography
    3.4 work of architecture
    3.5 photographic work
    3.6 work of illustration, map, structure, sketch or three-dimensional work with respect to geography, topography or science
    3.7 work of applied art which takes each or a composition of the works mentioned in 3.1-3.6
 
4. Musical work (lyrics, melodies and lyrics, etc.)
5. Audiovisual work (DVDs)
6. Cinematographic work, or film
7. Sound recording(CDs)
8. Broadcasting work (Radio and TV programs)
9. Any other work in the literary, scientific or artistic domain whatever may be the mode or form of its expression

 

(Source : Department of Intellectual Property, Thailand, http://www.ipthailand.go.th/th/copyright-010/item/copyright-notification-process.html, 2020)

3. How to get copyright protection?
 
Answer:
Do nothing. Copyright is not a registration system. It is automatic.
In other words, 9 fields of copyright works are automatically protected by copyright when it is created. Although the creator can notify the authorities of the work for evidentiary purposes by submitting a copyright notification form at the Department of Intellectual Property (DIP), it is not necessary.

 

4. How to apply fora copyright notification on behalf of KMUTT?
 
In case of requiring a copyright notification on behalf of KMUTT from the DIP, the creator(s) can draft the application and fill out the Copyright Request Form together with required additional documents required and submit them to:

 

Intellectual Property Unit
Research Innovation and Partnerships Office (RIPO)
7th Floor, Office of the President Building
Tel. 02-470-9663
E-mail: ip@kmutt.ac.th
Website : https://ripo.kmutt.ac.th/

5. How long does it take to obtain a copyright notification?
 
Answer:
The copyright notification process typically takes 2-5 months.
Remember that the copyright law grants automatic copyright protection immediately.
6. What kind of works cannot have copyright protection?
 
Answer:
   1. Idea, step, process, system, instruction, thought, principle, discovery of scientific or mathematic theory.
   2. Daily news and facts which are news. (front page news)
   3. The Constitution and laws.
   4. Rule, regulation, announcement, order, clarification and letter of ministries, departments or any governmental or local offices.
   5. Judgment, order, decision and report of a governmental agency.
   6. Translation and gathering of items 2-5 made by any ministry, bureau, department or any governmental or local office (excluding ordinary people and private sectors).

 

As mentioned above, everyone can use or take benefit from these non copyrighted works. But practically, it is a must to cite every time when using/quoting these works of another person.

7. How to get exceptions of infringement of copyright?
 
(The use of the works below do not require the permission of the copyright owner)

 

  • research or study of the work which is not for profit.
  • reproduction, adaptation in part of a work or abridgement or making a summary by an instructor or an educational institution so as to distribute or sell to students in a class or in an educational institution provided that the act is not for profit.
  • use of the work as part of questions and answers in an examination.
  • comment, criticism or introduction of the work with an acknowledgement of the ownership of copyright in such work.
  • news reporting through mass media with an acknowledgement of the ownership of copyright in such work.
  • reproduction, adaptation, exhibition or display for the benefit of judicial proceedings or administrative proceedings by authorized officials or reporting such proceedings.
  • use for personal benefit or for self benefit together with the benefit of other family members or close relatives.

Citation is important when using copyright works of another person. Moreover, these exceptions will be possible, if it is used in compliance with the fair use doctrine. (Any act against a copyright work of another person under this Act (See Section 32 under Thai Copyright Act B.E.2537), which does not conflict with a normal exploitation of the copyright work by the copyright owner and does not unreasonably prejudice the legitimate interests of the author, shall not be deemed an infringement of copyright.

Important Notice:

1. Citation is the most important.

1.1 A reasonable citation, quotation, copying , imitation of or a reference to part of a copyright work under this Act, with an acknowledgement of the ownership of copyright in such work, shall not be deemed an infringement of copyright.(See Section 33 under Thai Copyright Act B.E.2537).
1.2  If any 9 fields  of copyright works are no longer protected by copyright law or the period of copyright protection has expired, the works  will enter the public domain. These become available for use without permission from the copyright owner. However, using footnotes/endnotes to acknowledge the original creator and source are still needed.

2. Rights Management Information (RMI)

“Rights Management Information” means information or term and conditions that identify an author, a work, a performer, a performance, or a copyright owner, for use of a copyright work, such as signature, digital watermark, and the long list of credits at the end of a movie.

Removal or alteration of RMI knowing that such act may induce, enable, facilitate or conceal infringement of copyright is considered infringement of the rights management information. (See Section 53/1 under Thai Copyright Act as amended by the Copyright Act, No.2 B.E.2558)

Licensing or obtaining permission is required. However, using for research or study of the work which is not for profit and all acts under Section 32 under Thai Copyright Act B.E.2537, may be considered exceptions of infringement of copyright.

3. Plagiarism / Fabrication / Falsification

Be careful, never plagiarize, fabricate, fabricate and falsify.  It is immoral, dishonest, and unethical.  It is fraudulent data or the wrongful close imitation of another author’s language or expressions, and the representation of them as one’s own original work.

(KMUTT has a license with Turn-it-in, an internet-based plagiarism prevention service  for academic integrity of staff and students. Please contact KMUTT Library.)