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Thailand Introduces Draft Law Regulating Copyright and Performers’ Rights Royalty Collection
- Salil Siriwat
- Nov 6
- 5 min read
The Thai government has introduced the Draft Act on the Collection of Remuneration for the Use of Copyright and Performers’ Rights (the Draft Act), marking a major step toward reforming Thailand’s copyright and performers’ rights framework.
This proposed law aims to make the country’s royalty collection system more transparent, fair, and efficient, especially in industries like music, entertainment, and broadcasting, where complex licensing processes have long caused confusion for both rights holders and users.
Background and Objective
For years, Thailand’s copyright and performers’ rights systems have faced recurring challenges. Rights holders and performers have struggled with unclear royalty structures and competing claims, while users of copyrighted works have found it difficult to identify the correct payees and determine appropriate royalty rates.
The government’s objective is to establish a more reliable, transparent, and enforceable system for royalty collection and distribution, one that protects creators and performers while simplifying compliance for businesses.
The Draft Act also reflects Thailand’s intent to align with international copyright standards, such as the WIPO Performances and Phonograms Treaty (WPPT).
Key Features of the Draft Act
1. Application Limited to Specific Types of Works and Uses
The Draft Act will not apply to all copyrighted works or performers’ rights. Instead, it will cover only certain types of works or rights and their modes of use, as will be specified by Ministerial Regulations.
This means that only specific types of copyrighted works and performers’ rights, and their corresponding uses, will be regulated. The regulation targets cases where:
“the use involves multiple rights holders or a large number of users, making individual licensing impractical or inefficient.”
While the detailed list has not yet been released, music copyright is expected to be included first, as several private collective management organizations (CMOs) currently operate in Thailand to manage licensing and royalty collection in the music sector.
2. Coverage of Both Copyright and Performers’ Rights
The Draft Act extends protection to both copyright owners (such as authors, composers, and producers) and performers (such as singers, musicians, and actors). Performers will be entitled to remuneration when their performances—live, recorded, or broadcast—are used commercially or publicly communicated.
3. Licensing Requirements for Royalty Collection
Entities collecting or managing royalties within the designated “types of works and uses” will need to obtain a license from the Department of Intellectual Property (DIP). These include:
Copyright Entrepreneurs – rights holders collecting royalties directly for their own works.
Copyright Management Organizations (CMOs) – entities collecting royalties on behalf of multiple rights holders.
Collecting royalties without a valid license in these categories will be a criminal offense, punishable by up to three years’ imprisonment, a fine up to THB 1 million, or both.
Administrative fines of up to THB 500,000, together with daily penalties, may also apply for non-compliance with the obligations prescribed under the draft Act.
4. Oversight by Officers and the Supervisory Committee
A two-tiered oversight system will be established under the Department of Intellectual Property (DIP) to regulate, oversee, and resolve issues related to royalty collection. The officers will handle day-to-day supervision and enforcement, while the Supervisory Committee will serve as the policy and adjudicative body. Their respective authorities are distinct but complementary.
Authority and Functions of the Officers
The officers play a key enforcement and compliance role, including:
Reviewing documents and evidence for accuracy and completeness.
Issuing orders or approvals as required under the Act.
Reporting violations or noncompliance to the Committee for further action.
Receiving and recording information on royalty collection and CMO operations.
Maintaining registration of sales and litigation agents.
Requesting statements, explanations, or evidence from individuals or entities involved.
Performing any other duties assigned by the Committee or Director-General.
Authority of the Supervisory Committee
The Committee, chaired by the Director-General of the DIP, has broad decision-making and regulatory authority, including:
Hearing and deciding appeals on license applications, revocations, and registrations.
Issuing rules, procedures, and conditions for royalty collection, reporting, and membership requirements.
Approving or ordering revocation of licenses and overseeing CMO cessation processes.
Declaring rules regarding authorized CMOs under the extended collective licensing system.
Adjudicating disputes, such as unfair collection practices, unreasonable royalty rates, or refusals to license.
Ordering parties to submit evidence, testimony, or documents to support investigations or dispute resolution.
5. Transparent and Fair Royalty Rates
Royalty rates must be clear, fair, and non-discriminatory, reflecting the economic value derived from the use of the work or performance. This principle ensures predictability for users while protecting the legitimate interests of creators and performers.
6. Extended Collective Licensing (ECL) System
The Draft Act introduces an Extended Collective Licensing (ECL) framework, enabling authorized CMOs to license works for both members and non-members (unless the rights holder opts out). This simplifies licensing for large-scale users such as broadcasters and streaming services and helps prevent overlapping claims.
7. Regulation of Sales and Litigation Agents
To prevent fraudulent activities, the law introduces clear rules for sales agents and litigation agents:
Sales Agents must present written authorization when negotiating with users.
Litigation Agents must register with the DIP, be over 20 years old, have no criminal record, and submit annual reports.
8. Obligations for Performers and Event Organizers
Organizers of concerts, live shows, or other public performances must pay royalties to the appropriate licensed entity unless otherwise agreed. This ensures both copyright owners and performers are fairly compensated when their works are used publicly.
9. Dispute Resolution and Appeals
Disputes concerning royalty rates, unfair licensing terms, or collection practices may be submitted to the Supervisory Committee for consideration and determination. The Committee is authorized to adjudicate such matters under the procedures prescribed in the draft Act.
Parties dissatisfied with the Committee’s decision may appeal to the Central Intellectual Property and International Trade Court, which has jurisdiction over all civil and criminal matters arising under this draft Act.
10. Transitional Provisions
Existing CMOs and litigation agents will have 120 days from the issuance of the relevant Ministerial Regulations to apply for a license or registration. They may continue operations during the review period.
Implications for Businesses, Rights Holders, and Foreign Counsel
For Rights Holders and Performers
The Draft Act aims to strengthen protection for both copyright holders and performers by establishing clearer rights to remuneration and ensuring fair distribution through licensed CMOs. It also seeks to enhance transparency and reporting standards among CMOs.
However, it remains to be seen which types of copyrights and performers’ rights will ultimately fall within the scope of this Draft Act.
For Users and Event Organizers
Users such as streaming platforms, broadcasters, and venues will benefit from a standardized system and official oversight. However, they may face new compliance obligations once specific work types and usage categories are announced.
For Foreign Companies and Legal Advisors
The Draft Act represents Thailand’s move toward internationally harmonized collective management standards. Foreign media, music, and entertainment companies operating in Thailand should prepare for new licensing structures and costs once the law takes effect.
Conclusion
At the time of publishing this article, the Draft Act on the Collection of Remuneration for the Use of Copyright and Performers’ Rights is still under consideration and has not yet taken effect. Nevertheless, it represents a significant step forward in Thailand’s ongoing intellectual property reform.
The final scope and implementation will depend on the Ministerial Regulations to be issued once the Act is enacted. Music and performance-related works are expected to be among the first areas affected.
We will continue to monitor this legislative development and provide updates on its implications for the copyright, entertainment, and media industries in Thailand.
Written by
Manaswee Wongsuryrat
Partner
Intouch Songsermsakul
Associate
