News and developments
Updates on Amendments to Thai Copyright Act
Recently, the Select Committee has been appointed the head and other internal positions to consider the draft amendment on January 29, 2021; the second and third meeting was also held on February 3, 2021 and February 10, 2021 respectively.
Key Takeaways
A. Added the definition of “Service Providers” and “Service User” and revised the definition of Technology Protection Measure”
B. Expanded the definition of “service providers”.
The draft amendment defined “Service Providers” as to include an intermediary service provider; a temporary computer data storage service provider; a computer data storage service provider; and a computer data locating service provider.C. Limited liability of service providers.
Service providers shall be limited liability of copyright infringement as of their services. They must be service providers who announced the cancellation of services for a service consumer who clearly infringes copyright and follows the announced measure. Service providers must provide any of the following services.- To be provided an intermediary service to transmit computer data through the automatic technic processing that not be an originator who transmit or select a computer data receiver and not alter the content of the said computer data.
- To be provided a temporary computer data storage service which does not alter the content of the said computer data, nor intervene by using technology to obtain information data of a service user, and have a system to keep computer data up-to-date.
- To be provided a computer data storage service that do not know, or have no reasonable cause to know that there is a computer data has infringed copyright on the system or computer network used and immediately remove such data out of the system or computer network or restrict the access to the said data when they know or receive a notification.
- To be provided a computer data locating service provider that do not know, or have no reasonable cause to know that there is a computer data has infringed copyright and immediately remove reference sources or access points to such data out of the system or computer network or restrict the access to the said data when they know or receive a notification.