ThailandCopyright Act, fair-use exception and absence of a text-and-data-mining exception
Copyright Act B.E. 2537 (1994), Section 32
archived copy
Read from a public archive copy, not the publisher directly. The publisher does not serve this page to automated readers, so a direct fetch was not an option here; how we access sources. Archived . Publisher's page: https://www.ipthailand.go.th/images/3534/2564/Copyright/Copyright_Act_ENG.pdfIn force since .
A copyright and text and data mining (TDM) rule binding public and private bodies.
- Audit expectation
- none
What it requires
- Reproducing or adapting more than a normal, non-prejudicial extract of another party's copyrighted work, including to train a model, needs a Section 32 to 35 exception or a licence, because Thai copyright law has no dedicated text-and-data-mining exception for automated bulk extraction.
These lines are LexLint's reading of the law's text.
In the frameworks
- NIST AI RMF
- MAP 4.1Approaches for mapping AI technology and legal risks of its components – including the use of third-party data or software – are in place, followed, and documented, as are risks of infringement of a third party’s intellectual property or other rights.
Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law
What it makes you log
Logging duty
Section 32 sets the general fair-use test in paragraph one and the listed acts in paragraph two (research or study not for profit, personal use, comment and criticism with an acknowledgement of ownership, news reporting, teaching, examination use). It imposes no duty to create, keep, produce or review a log or record, and the Act has no text-and-data-mining provision. The acknowledgement of ownership in some listed acts is an attribution, not a record. The section has no territorial clause, so no hook is recorded.
- Kind
- None
- As of
What this law does
Section 15 gives a copyright owner the exclusive right of reproduction or adaptation and of communication to the public. Section 32 paragraph one is a free-standing exception for an act that does not conflict with a normal exploitation of the work by the owner and does not unreasonably prejudice the owner's legitimate rights, an open-ended test rather than a filter on the specific acts paragraph two goes on to list.
Paragraph two's own list of specific permitted acts, research or study, personal use, comment or criticism, news reporting, and the others through Section 32/4, names no text-and-data-mining item, so an automated, bulk reproduction of copyrighted text for model training must be tested against paragraph one's general standard rather than against a dedicated text and data mining (TDM) rule.
Section 32/2, added by the Copyright Act (No. 2) B.E. 2558 (2015), separately excepts a reproduction that must exist for copies already lawfully acquired to run in a computer system, a technical, incidental-copy exception rather than a TDM one. Section 12 vests copyright in a compilation of data made by selection or arrangement that is not an imitation of another's work, an originality-conditioned right rather than a sui generis database right.
When LexLint raises it
When your app profile says your app crawls the web or trains models.
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