Copyright Works Relating to Animals

Main Article Content

Daraput Srithammavut
Wanwipar Puasiri

Abstract

Under copyright law, works that are entitled to be protected must be an initiative creation of a person, or the so-called the ‘Originality’ principle. However, there are other kinds of creative works that are initially done by animals such as a selfie picture taken by a monkey, picture drawn by elephants, the circus shows and etc. These works have problems whether they can be protected under copyright law or not. Thus, who takes responsibility as a creator and hold copyright? According to this comparative study on the protection of copyright between the United States and United Kingdom law, the study found that American law under the guideline of Copyright Office provides that a creative work shall be a work that is originally made only by a human-being. An animal cannot be a creator of copyright works. Likewise, the UK law provides that the copyright owner can only be a person8 or a human-being9. Nevertheless, Thailand’s Copyright Act B.E. 2537 (1994) does not state in any section that only a person can be a creator.10 In order to understand such problematic issues, this research will apply a comparative study method to the research and highlight three major legal principles relating to the copyright law. These are as follows: (1) The principles of the copyright protection on human-being’s works (2) The copyright protection of the creative works made by animals, and (3) The copyright protection of the collaborate creative works made by human-beings and animals, in which human-beings put more effort and sufficient perseverance into them.

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Article Details

How to Cite
Srithammavut, Daraput, and Wanwipar Puasiri. “Copyright Works Relating to Animals”. Naresuan University Law Journal 9, no. 2 (December 20, 2016): 167-186. Accessed March 9, 2021. https://so04.tci-thaijo.org/index.php/lawnujournal/article/view/98690.
Section
Research Articles
Author Biographies

Daraput Srithammavut, Tax Auditing and Accelerate Remaining Revenue Officer

น.บ. มหาวิทยาลัยรามคำแหง

Wanwipar Puasiri, Lecturer

น.บ. มหาวิทยาลัยธรรมศาสตร์ LL.M. in Business Law จุฬาลงกรณ์มหาวิทยาลัย, Kyushu University, British Columbia University and Victoria University Ph.D. in Commercial Law, Queen Mary, University of London

References

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