Presented in National Seminar on the Protection and Management of Copyright and Related Rights, on November 5 and 6, in Bangkok

1. Protection and Management of
Copyright and Related Rights in
Thailand:
Current Practice and Challenges
by Dr. Supatchara DISTABANJONG
November 5, 2012
Presented in
National Seminar on the Protection and Management of Copyright and
Related Rights
organized by
the World Intellectual Property Organization (WIPO)
in cooperation with
The Department of Intellectual Property of Thailand, Government of
Thailand
and with the assistance of
the Japan Copyright Office (JCO), Agency for Cultural Affair, Government of

2. What is Collective Management?
• Collective Management
pool rights license
Creators/ Collective Several
Right Management right
owners $ royalties Organization $ users
(CMO)
• CMO is Not-For-Profit organization:
- administering the owners’ rights & monitoring use of works,
- negotiating and licensing appropriate fees and conditions,
- distribute royalties among the owner of rights,
- taking legal action against infringers

3. Framework to Understand
Copyright Collectives
Challenges in Copyright
Roles of Collective
Management
• Apparent Paradox • Facilitate copyright
• Fragmentation of industry effectively
rights • Enable owners to
• Digital & Internet exercise rights in a
fair efficient &
accessible manner

4. CMOs in Music Industry
• CMO for musical works ( or
Authors & composers’ Society)
• CMO for recording companies
• CMO for singers and musicians
“Communication to the public right (public performance right or
performing right)”

5. Situation of Copyright
Collective Management in
Thailand

6. International
CMO of musical works CMO sound recording
Member of CISAC Member of IFPI
Thailand
MCT Phonoright
s
Thai recording Collecting Join license
companies companies
Agents Music users
Ministry of Commerce
-DIP has no direct authority under the current Copyright Act to
intervene
in the individual rights of copyright and performer rights
- Apply the regulations under the Central Commission for Price

7. Malaysian Authors Copyright
Music Copyright (Thailand): MCT
Protection :MACP
Currency: RM
Currency: Baht
20,000,000 20,000,000
18,000,000 18,000,000
16,000,000 16,000,000
14,000,000 14,000,000
12,000,000 12,000,000
10,000,000 10,000,000
8,000,000 8,000,000
6,000,000 6,000,000
4,000,000 4,000,000
2,000,000 2,000,000
0 0
'90 '91 '92 '93 '94 '95 '96 '97 '98 '99 '00 '01 '02 '03 '04 '96 '97 '98 '99 '00 '01 '02 '03 '04 '05
Revenue Expenditure Revenue Expenditure

8. Government:
Music Industry:
concrete and clear
Internationalized
policy guidelines
Copyright Collective
Management
CMO:
Songwriters and
Identity of non-profit
Users attitudes
making organization

9. Attributes of Successful Copyright
Collective Management
• CMO represents almost
all international and local
Repertoires repertoires of works
• CMO collects reasonable royalties at
Licensing reasonable costs
• CMO distributes royalties to members
within the first two years of licensing
Distribution activities.

10. Challenges for Thailand
- Multiple agencies collecting
public performance fees for
profit.
- Not fully conforming to
international practices .
- ASEAN Economics
Community (AEC) by 2015.
“How can copyright
collective management
be implemented
successfully in Thailand?”

11. “ A system managed by Ministry of

Commerce to reduce the number of
copyright collecting companies by
transforming them into not-for-profit
organizations conforming to the
international practices of collective
management so that Thai creators/ right
owners receive royalties with respect to
their works both locally and
internationally”

12. Strategic Policy towards Managing
Licensing and Distribution of Royalties
Policy towards Policy towards
Licensing Distribution
Reducing the Ensuring
number of current transparency of
collecting the CMO’s
companies operation
Establish a one- Ensuring
stop licensing conformity with
operation international
practices

13. Three Subsystems
Subsystem 1: Establish legislation
concerning copyright collective
management
Subsystem 2: Subsystem 3:
Promoting Promoting
inspiring export of
concepts of copyrighted
CMO products

14. Evaluation and Measurement
of Efficiency
• Stimulating the
Evaluation & industry
Appraisal • Identifying possible
abuses and/or unfair
practices
• CMOs performances
(royalty collection &
Measurement distribution vs. operation
costs)
• Industry growth and
export figures

15. Dr. Supatchara DISTABANJONG
s.distabanjong@gmail.com