protection and management of copyright and related rights
TRANSCRIPT
Protection and Management of
Copyright and Related Rights in
Thailand:
Current Practice and Challengesby 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
Japan
Creators/
Right
owners
Collective
Management
Organization
(CMO)
Several
right
users
pool rights license
$ royalties $
What is Collective Management?
• Collective Management
• 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
Framework to Understand
Copyright Collectives
Challenges in Copyright
• Apparent Paradox
• Fragmentation of rights
• Digital & Internet
Roles of Collective Management
• Facilitate copyright industry effectively
• Enable owners to exercise rights in a fair efficient & accessible manner
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)”
Situation of Copyright
Collective Management in
Thailand
International
CMO of musical works
Member of CISAC
CMO sound recording
Member of IFPI
Thailand
MCT Phonoright
s
Music users
Thai recording
companies
Collecting
companies
Agents
Join license
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
Control for Goods and Services of the Department of Internal Trade
0
2,000,000
4,000,000
6,000,000
8,000,000
10,000,000
12,000,000
14,000,000
16,000,000
18,000,000
20,000,000
'90 '91 '92 '93 '94 '95 '96 '97 '98 '99 '00 '01 '02 '03 '04
Revenue Expenditure
0
2,000,000
4,000,000
6,000,000
8,000,000
10,000,000
12,000,000
14,000,000
16,000,000
18,000,000
20,000,000
'96 '97 '98 '99 '00 '01 '02 '03 '04 '05
Revenue Expenditure
Malaysian Authors Copyright Protection :MACP
Music Copyright (Thailand): MCT
Currency: RMCurrency: Baht
Government:
concrete and clear policy guidelines
Music Industry:
Internationalized
CMO:Identity of non-profit making organization
Songwriters and Users attitudes
Copyright Collective Management
Repertoires
• CMO represents almost all international and local repertoires of works
Licensing
• CMO collects reasonable royalties at reasonable costs
Distribution
• CMO distributes royalties to members within the first two years of licensing activities.
Attributes of Successful Copyright
Collective Management
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?”
“ 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”
Strategic Policy towards Managing
Licensing and Distribution of Royalties
Policy towards Licensing
Reducing the number of current collecting companies
Establish a one-stop licensing operation
Policy towards Distribution
Ensuring transparency of the CMO’s operation
Ensuring conformity with international practices
Three Subsystems
Subsystem 1: Establish legislation concerning copyright collective management
Subsystem 3: Promoting export of copyrighted products
Subsystem 2: Promoting inspiring concepts of CMO
Evaluation and Measurement
of Efficiency
• Stimulating the industry
• Identifying possible abuses and/or unfair practices
Evaluation & Appraisal
• CMOs performances (royalty collection & distribution vs. operation costs)
• Industry growth and export figures
Measurement
