2. Copyright protects “expression of idea” in works – literary, music, drawing, photo,
architecture, films, computer program, broadcasting, etc.,
Exclusive rights – reproduction/adaptation/distribution + first sale doctrine (selling second
hand of copyrighted work does not violate the copyright of such work)/transfer the right
Non-copyright work – news, law, idea, theory, court judgement
Licensing agreement/permission to use + fee
Duration of legal protection – vary according to the work – as for literary work, for example,
it lasts the life of the author (may not be the copyright owner) and 50 years after the death
Moral right – the right of the author – not a commercial right – it is the right for the
protection of reputation of the author
Actors’ rights – the right to get paid when the work in which he/she performs was played
3. Exceptions to the exclusive right of the copyright owner:
The use of copyrighted work MUST not affect a normal commercializing of the copyrighted
work by the owner
Internet Service Provider (ISP) Liabilities – protect the copyright owner from the violation
through Internet communication, or otherwise called “Notice and Takedown”
ISP such as Youtube/Google/True/DTAC – has no legal liability when there are copyright-
violated works – by taking the violated work down from the web according to the court
order
Temporary copy of the copyrighted work on the RAM to enable the computer user to
continue working – not violation
Downloaded works from the Internet – if paid – fine BUT cannot share
4. Blog – will blogger have legal liability when he or she put the video clips in the
Blog?
If the owner of the video clip made it to public – it was deemed ‘a permission’ to use, so
putting the video clips in the Blog is fine – including the sharing link of those clips – it takes
the user directly to the original source
5. Source: taken from an article by Ass. Prof. Dr. Pinai Nanakorn 2009
International Agreements and Digital Technology
WIPO Copyright Treaty (WCT)
It regulates an access to copyrighted works on the networks. It does not
address innocuous acts of ephemeral copying such as RAM copies in the
process of surfing the internet.
It provides protection of technological measures against “circumvention”.
Circumvention includes both ‘access control’ and ‘copy control’.
WCT also provides for protection of rights management information. In
other words, it provides legal remedies against the act of removing or
altering any electronic rights management information without authority,
knowing or having reasonable grounds to know that it will induce an
infringement of the author’s rights
6. Source: taken from an article by Ass. Prof. Dr. Pinai Nanakorn 2009
Digital Activities
Circumvention of technological measures & rights management
Information
Using technological measures for preventing unauthorized persons
from having access to copyrighted works. Technological measures are in
various forms – protection software, codes, encryption technology, etc.,
Rightholders provide details about the copyrighted work in order to
facilitate traceability of copyright. Such details or information known as
‘right management information’.
