THE EXTENSION OF COPYRIGHT PROTECTION DURATION OF PHOTOGRAPHIC WORK IN THAILAND

Abstract

Currently, copyrighted works, particularly photographic works, are increasingly being created. This is due to the technology available in cameras and phones, which can capture images at any time and share them across all platforms. At the same time, users or consumers can access and use photographic works via the Internet and other platforms, leading to easier and more widespread copyright infringement. Therefore, there are international initiatives to extend the duration of copyright protection for photographic works. The copyright Act B.E 2537 of Thailand was recently revised to extend the duration of copyright protection provided for photographic works.  The previous version mandates that the copyright protection period for photographs is 50 years from the date the work was created, but if the work is published during this period, the copyright lasts for fifty years from the first publication of the work. Later, in 2015, Section 21 of the Thai Copyright Act was amended. The current law stipulates that photographic works receive copyright protection in the same way as general copyrighted works, namely for the lifetime of the creator and for an additional fifty years after the creator's death. It is arguable that the effective copyright protection would encourage the copyright holders to create the valuable works for society. The prolonged protection provided to copyright works would affect the public domain and the ability to access the works of users. Thus, this article aims to investigate the development of copyright protection provided to photographic works in Thailand. Then, the reasons for the amendment and the impacts of expanding copyright protection duration would be reflected. The doctrinal legal research will be used to investigate the law, cases, the benefits and the impacts of this legal amendment. The comparative methods will be used to ensure that copyright protection for photographs is in line with global standards.  In conclusion, this article demonstrates that Thailand has attempted to modify its copyright legislation to offer stronger protection for works to safeguard the economic profits and moral rights of copyright holders. These developments contribute to aligning Thai copyright law's protection of photographic works with international protective standards.