The Object and Purpose of Intellectual Property
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The Object and Purpose of Intellectual Property

Edited by Susy Frankel

Much of the debate around the parameters of intellectual property (IP) protection relates to differing views about what IP law is supposed to achieve. This book analyses the object and purpose of international intellectual property law, examining how international agreements have been interpreted in different jurisdictions and how this has led to diversity in IP regimes at a national level.
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Chapter 13: Making derivative works without authorisation and the interpretation of originality and creativity under Thailand’s copyright law

Chongnang Wiputhanupong

Abstract

One popular form of online digital works is parody. Parody is a kind of derivative work which is eligible for copyright protection under the Berne Convention. Parody contains parts of the original work creating the possibility of copyright infringement. Online digital parody also creates some questions about copyright protection and the status of unauthorised online digital derivative works. In order to explore copyright protection given to unauthorised online digital derivative works, this chapter begins with a comparison of US and UK law. Then it will explore the interpretations of the Thai Supreme Court regarding originality and creativity and copyright protection granted to original and derivative works. This includes an analysis of the meaning of ‘author’ under the Thai Copyright Act. An appendix to the chapter concludes with an overview of the meaning of ‘author’ and the protection granted to unauthorised derivative works in the laws of some other Asian countries.

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