= Legal Problem on Exceptions of Copyright Infringment : Case Study on Musical Work As Provided In The Copyright Act B.E. 2537 in comparison with the American and German Law.
Abstract:
The thesis is intended to study and research on the principle of "Limitation of an Exclusive Right" of copyright owners, which appears in the context of "Exceptions of Copyright Infringement" as prescribed in Chapter 1, Part 6 from Section 32 to 34 of Thai Copyright Act B.E. 2537. This study focuses on the fair usage of musical work and the exceptions thereof, as well as the problems occurred from the use of musical work. Musical usage plays an important role in Thailand as it is widely accepted in Thai society, culture and tradition as a fundamental part of business operations. However, the usage of musical work sometimes leads to conflicts between copyright owners and users. The research also emphasizes on difficulties of law enforcement and the extensive range of "fair use," and exceptions of copyright infringement including the traditional use of musical work that causes a problem of infringement. All these determine that there is yet no defined terminology on how and how much levels of usage to be "fair" and not unreasonably prejudice the right of copyright owner. For the reason, the "no boundary" of "fair use" may institute a problem of excessive interpretation of law, and thus creates unfairness. Furthermore,the Sections in relation to the exceptions of copyright infringement have been written too broad and not conforming to the values of our society. Hence, it makes Thai copyright system lack clarity and thus obstruct the development of our copyright legal system.Researching methodology used in the thesis is a documentary research and a comparison study between Thai , American and German copyright laws as well as interviewing persons in the field of musical usage.