11 December, 2018
Following our previous newsletter, in accordance with the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled (“Marrakesh Treaty”), the Proposed Amendment to the Copyright Act to provide an exemption for disabled persons to reproduce or adapt copyrighted works was announced in the Government Gazette on 11 November 2018 as the Copyright Act (No. 4) B.E. 2561 (2018). The new law will take effect in 120 days, on 11 March 2019.
Leading up to the effective date, we expect to see Notifications of the Ministry of Commerce enacted under the Copyright Act (No. 4) B.E. 2561 (2018).
Such Notifications should include details about the authorized entities to claim the exemption, the acceptable format(s) for reproduction or adaptation of copyrighted works by or for disabled persons, and rules and methods to reproduce or adapt and communicate the copyrighted works.
The impacts on business operators and interested parties (i.e. the writers, publishers, booksellers) of the amended law remain to be seen.
For further information, please contact:
Say Sujintaya, Partner, Baker & McKenzie
say.sujintaya@bakermckenzie.com