In the digital age, where anyone can easily create and publish content at their fingertips, copyright has become a legal issue much closer to everyday life than many people realize. Whether it is articles, images, music, videos, short clips on social media, or content on platforms such as YouTube, TikTok, and Facebook, copyright plays a crucial role.
Many people mistakenly believe that copyright protection only exists after registration, or that using a small portion of someone else’s work does not constitute infringement. In reality, Thai copyright law protects creative works from the moment they are created, and one of the most fundamental provisions is Section 10 of the Copyright Act B.E. 2537 (1994).
This article will help you understand what Section 10 covers, who owns copyright, and what kinds of actions may unknowingly lead to copyright infringement.
What Does Section 10 of the Copyright Act Provide?
Section 10 provides that where a work is created by a creator under a contract of hire or employment for another person, the employer or the person who commissioned the work shall be the owner of the copyright in such work, unless the creator and the employer or commissioning party have otherwise agreed.
Section 10 of the Copyright Act B.E. 2537 governs the creation of copyright, stating the essential principle that:
“Copyright arises in favor of the creator immediately upon the creation of the work, without the need for registration.”
In summary, Section 10 confirms that copyright protection does not require registration. Once a creative work is created in a tangible form such as writing an article, drawing, photography, recording a video, composing music, or designing graphics the creator automatically becomes the copyright owner.
What Types of Works Are Protected by Copyright?
Under Thai copyright law, copyright protection covers creative works such as:
- Literary works (articles, books, posts, captions)
- Artistic works (paintings, photographs, graphic designs)
- Musical works and lyrics
- Audiovisual works (videos, films, clips)
- Broadcast works
- Computer programs
As long as the work is original, creative, and expressed in a tangible form, it is immediately protected under Section 10.
Case Example: Posting First — Who Owns the Copyright?
Example 1: Articles on Social Media
A writer publishes a legal analysis article on their Facebook Page. Later, another person copies the article and republishes it on their own website without permission or credit.
Even though the article was not registered for copyright, under Section 10, the writer remains the copyright owner. Republishing the article without authorization constitutes copyright infringement.
Case Example: Downloading and Reposting Clips — Is It Infringement?
Example 2: TikTok or YouTube Shorts Clips
An influencer creates an educational video clip. Another user downloads (“rips”) the clip and reuploads it on their own channel to generate views and income.
Although the clip has already been made public, copyright still belongs to the original creator. Reusing it without permission constitutes copyright infringement under the law.
A Common Misunderstanding: Giving Credit Means No Infringement?
Many people believe that as long as credit is given to the original creator, copyright infringement does not occur. This understanding is not always correct.
Giving credit is not a legal license. If the copyright owner has not granted permission, reproducing, modifying, or redistributing the work may still constitute copyright infringement.
Copyright Infringement Is Not a Minor Issue
Copyright infringement may result in civil liability (compensation for damages) and criminal liability (fines and/or imprisonment). In many cases, infringers may not even realize they are violating the law, yet legal consequences still apply.
Why Is It Important to Understand Copyright from the Beginning?
Whether you are a creator, influencer, online business owner, or general social media user, understanding copyright under Section 10 allows you to protect your own works, avoid infringing others’ rights unknowingly, and reduce the risk of lawsuits or compensation claims.
Copyright Arises Immediately No Registration Required
The key takeaway of Section 10 is that creative works are protected immediately upon creation. In a world where content is rapidly shared, copyright law is no longer distant. A single click can unintentionally lead to legal issues.
Why Copyright Awareness Matters in the Online Era?
In an era of fast-paced content creation and sharing, copyright infringement can easily occur and affect both creators and users. Understanding copyright law, especially Section 10, helps creators know their rights, encourages users to be cautious, and reduces legal risks.
If you require legal consultation regarding copyright, copyright infringement, or protecting your creative works, click “Contact Us.”
Section 10 of the Copyright Act is a fundamental provision everyone should know whether you are a writer, creator, designer, business owner, or general social media user. Copyright arises immediately upon creation, and infringement may lead to both civil and criminal liability.
Wongsakorn Law Office is ready to provide careful and systematic legal advice to help you protect your rights and use them safely in the long term.