Constructive crimes arising out of the protection of creative works (copyright)

Abstract

Creative works are generated from the intellectuality of human beings. Apart from its status of a civil right with an exclusive right, copyright has also been a category of Intellectual Property Rights. A trespasser, with an unpermitted copyright utilisationfrom the copyright owner, shall be labelled as a copyright infringer and must be liable for any civil damages sustained. Meanwhile,in the Thai Society, the unpermitted usage of copyright may also give rise to being criminally offended according to Copyright Act B.E. 2537, which has been enacted to protect copyrighted works, and can become a criminal simultaneously. In such a case, criminality would arise pertaining to social value of Individualism, economic theory of capitalism and consumerism,international obligation phenomena, along with a social construction through the criminal penalties enforced to the labelled trespasser-the infringer since copyrightis made existing from the intellectuality of human creatures. For this reason,copyright is of a unique identity and some special characteristics possessions unlike those of naturally created or naturally derived resources. With its invaluableness, cherishing and shareability-free, a direct copyright infringement also means an infringement directly detrimental to the private right of the copyright owner, The infringer is, therefore, exposed to a severe and practically enforceable punishment.In such a case, according to the Thai Society, criminal penalties rank the most effective methods for problem solutions. To achieve a better understanding of phenomena contexts and the how-to of criminality construction, the methodology of discourse studies and discourse analysis would be suitably administered. Besides, human’s direct construction, copyrightholds an especially unique identity differentfrom other naturally created or naturally derived resources as the result of the world society’s contexts as well as the value of consumption of sign. Parallelly, apart from the aforesaid elements, the advancement of the printing technology in Thailand plays a major role therein. This makes it available to make unlimited copies of the literary works and helps support the copyright identity. However, in terms of the strengthening copyright identity made by human beings, the legal severity arising from intense criminal penalties enforcements, labelling resuming, state officials and private sector officers’ operations, seizures, forfeitures and destructions of the infringed products, along with excuses of creativity encouragements as well as the economic growth are herewith justified. As the results of social phenomenaand social contexts together with human’s construction in the Thai Society, copyright, with its fully nourished status, gracious existence, and specialised identity, awaits respectful paying from all those in the Thai Communities. Any deeds in forms of controversy or infringement shall be certainly refrained, otherwise deadly punishmentswould be strictly applied. In other words, criminal measures would be enforced with infringements, regardless of malicious act or mens rea, criminal measures would be certainly carried out to the cases in forms of collectiveness and non-differentiationon nature, severities of acts and extents of losses, infringements with different severities and extent of losses may be on the same ranges of penalties, infringers are exposed to more critical penalties,regardless of factual factors of acts, or even criminal measure applications are not in line with the international standards, as well as the crime prevention models are more concentrated in actions than due processesmodels. These sophisticated practices can totally give rise to overwhelming creations of criminalities into the Thai Society at the end. To mitigate such criminalities, varieties of practical measures such as enhancement of creative economy, copyright accessibility of marginalised groups, reduction of ordinary persons’ income tax and grants of soft loan provided to the creators, exporting of creative cultures, along with the buildings of appropriate understanding on righteous and fair uses of copyright should be employed.