Legal Measures in the Protection of Parody According to Thailand Copyright Law
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Abstract
This research article aims to study the Legal problem under Copyright Act B.E. 2537, which does not define parody works as exception to copyright infringement. The objectives of this research are: (1) to compare and analyze copyright law and concept of parody between Thailand and other jurisdiction and; (2) to provide recommendations for developing an appropriate legal framework pertaining to parody. This qualitative research examined documents including textbooks, research papers, and academic articles. This research findings indicate that (1) the Copyright Act B.E. 2537 does not explicitly stipulate parody works as exception to copyright infringement. This lack of clarity presents significant challenges in terms of legal interpretation. (2) when conducting comparative analysis of copyright law in Thailand and several other nations, such as France, Germany, and the Netherlands, it becomes evident that the criteria for defining parody is provided as an exception to copyright infringement in these jurisdictions typically include non-commercial use and the integration of humor. Where as in Thailand, there are no established criteria for designating parody as an exception to copyright infringement. (3) The recommendations for amending Copyright Act B.E. 2537 are: (3.1) the inclusion of a formal definition of parody and (3.2) the establishment of specific
criteria and conditions under which parody may be recognized as an exception to copyright infringement. These provisions should ensure that the use of parody does not result in unreasonable detriment to the rights to the copyright owner.
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