Edited by Susy Frankel
Chapter 13: Making derivative works without authorisation and the interpretation of originality and creativity under Thailand’s copyright law
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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