Thailand and the WIPO Performances and Phonograms Treaty (WPPT): An Economic Point of View

Abstract

This paper attempts to investigate the current situation in the film and music industries in Thailand, especially, the problems of Thai performers and whether joining The WIPO Performances and Phonograms Treaty (WPPT) would solve the performers’ problems. Performer rights may be just one issue in this industry, the entertainment industry is facing high financial risks, a small domestic market, and the monopoly power of the big players in the industry. The low bargaining power of lesser-known performers may not be a result of the country’s copyright issue but in a huge part due to the monopoly structure of the market. Becoming a party of the WPPT may provide a net benefit to Thailand while the administrative costs to revise the Act may be minimal. However, some may be concerned that Thailand is a net importer of performances, and any benefits arising from the extension of rights could simply flow overseas rather than to Thailand. The extension of performers’ rights would not necessarily result in increased or better performances, as performers appear to have a range of other incentives that courage performance. These include incentives that are not primarily economic.