The problem on Copyright Law regarding the adaptation of copyright work namely musical work and sound recording by means of remixing

Abstract

Nowadays, there are people adapting music and sound recording of others by means of remixing. This led to copyright-related problems for the owner of original copyrighted works as well as persons who remixed such copyrighted works. In Thailand, there is no clear-cut regulation which can be implemented with copyright infringement problems related to remixed works, copyright infringement exemption problems for such works as well as the problems concerning protection of remixed works. The research aims to study the problems on the Copyright Law in relation to remixing of copyrighted works, namely music work and sound recording. The research found that there are court judgments in the United States of America (USA), United Kingdom (UK) and Australia adjudicating the case which involved with remixing. From the study, the author suggests that the court’s decisions in these countries should be used as a guidance for Thai courts in considering problems of remixed works. In addition, the Author presents the interpretation of the provision under the Copyright Act B.E.2537 (1994) (amended in 2015) Section 32 first paragraph, to be comprehensive for remixing of musical work and sound recording. The court shall consider its objective, characteristics of use, and such use is not for sale or for profit, but for educational purpose. Moreover, the court shall consider characteristics of copyright work, quantity, substance of a part that related to copyright work as a whole, and effects of the use of marketing or the value of copyright work. These are for the purpose of being clear and consistent with future technological developments.