Protection and management of copyright and related rights


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

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Protection and management of copyright and related rights

  1. 1. Protection and Management of Copyright and Related Rights in Thailand: Current Practice and Challenges by Dr. Supatchara DISTABANJONG November 5, 2012Presented inNational Seminar on the Protection and Management of Copyright andRelated Rightsorganized bythe World Intellectual Property Organization (WIPO)in cooperation withThe Department of Intellectual Property of Thailand, Government ofThailandand with the assistance ofthe Japan Copyright Office (JCO), Agency for Cultural Affair, Government of
  2. 2. What is Collective Management? • Collective Management pool rights licenseCreators/ Collective SeveralRight Management rightowners $ 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. 3. Framework to Understand Copyright CollectivesChallenges 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. 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 orperforming right)”
  5. 5. Situation of CopyrightCollective Management in Thailand
  6. 6. InternationalCMO of musical works CMO sound recordingMember 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 tointervene in the individual rights of copyright and performer rights- Apply the regulations under the Central Commission for Price
  7. 7. Malaysian Authors Copyright Music Copyright (Thailand): MCT Protection :MACP Currency: RM Currency: Baht20,000,000 20,000,00018,000,000 18,000,00016,000,000 16,000,00014,000,000 14,000,00012,000,000 12,000,00010,000,000 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. 8. Government: Music Industry:concrete and clear Internationalized policy guidelines Copyright Collective Management CMO: Songwriters andIdentity of non-profit Users attitudesmaking organization
  9. 9. Attributes of Successful Copyright Collective Management • CMO represents almost all international and localRepertoires 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. 10. Challenges for Thailand- Multiple agencies collectingpublic performance fees forprofit.- Not fully conforming tointernational practices .- ASEAN EconomicsCommunity (AEC) by 2015. “How can copyright collective management be implemented successfully in Thailand?”
  11. 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 collectivemanagement so that Thai creators/ rightowners receive royalties with respect to their works both locally and internationally”
  12. 12. Strategic Policy towards Managing Licensing and Distribution of RoyaltiesPolicy 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. 13. Three Subsystems Subsystem 1: Establish legislation concerning copyright collective managementSubsystem 2: Subsystem 3:Promoting Promotinginspiring export ofconcepts of copyrightedCMO products
  14. 14. Evaluation and Measurement of Efficiency • Stimulating theEvaluation & industry Appraisal • Identifying possible abuses and/or unfair practices • CMOs performances (royalty collection &Measurement distribution vs. operation costs) • Industry growth and export figures
  15. 15. Dr. Supatchara DISTABANJONG