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artist's printing rights in Thailand?


maxal

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Hi,

Considering the state of Pantip's soon to end (or be postponed) software glory due to the latest crackdown, I was wondering about the state of the other arts, like art printing and reproductions rights. Do they exist? I am considering having some of my artwork printed out in large formats for potential sales, etc. Knowing some Thais will do almost anything to make a quick buck to sincerely feed their families while others supply their significant other with plenty of beer, would I be skimmed on the side? Not that my artwork would be best seller stuff mind you. The thought of having all my time, effort, and pride for such a venture makes me think twice. If this idea sounds like pure fantasy could someone please let me know? Thanks!

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All works of art are protected by Thailand's Copyright Act. Works are protected upon creation, without the need for registration. Still, it is recommended to seek recordal with the Thai Department of Intellectual Property.

 

If someone infringes on your copyright, you can bring either civil and/or criminal charges against them. The maximum criminal penalty for reproduction of copyrighted items without consent of the owner is up to 800,000 baht and/or up to 8 years in prison. If you can prove real damages, monetary compensation can also be demanded in civil court.

 

Whether it is all going to be worth it in the end (after lawyers', investigators', and police fees), however, is another story.

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only one way to protect yourself - be at the computer all the time with the guys, make sure that nothing is saved on their computer, make sure that only you get a disc.

what you can't do anything against is imitation.

 

making a copyright lawsuit in your case is an illusion if someone violates your copyright. you would just have to bear with it. the costs of suing someone, the potential dangers of 'out of court' attempts to seddle it, the time it takes for the courts to come to some form of conclusion, etc.

 

the only way of fighting copyright violators is always having something up the sleeve an imitator won't have.

if you work with someone professional he is anyhow not very interested in violating your copyright as he has his profession and is not interested in a quick buck on the side but in a good working relationship which brings him regular clients. don't go for the cheapest, but for the most professional.

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Hi maxal,

 

Thailand signed the WIPO Convension in the late 80s and I believe they joined the Paris Convension as well, so legally you should be protected. There should be all Interlectual Property info available on Thailand at the wipo.org and the epo.org website. If you are going to need it, I could give you some contact info on a couple of IP Lawfirms here in Thailand.

 

Best regards,

 

Danish30

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>>>so legally you should be protected.<<<

 

theoretically you 'should' a lot here in thailand, but as the rule of law is not that much observed here, and as it costs thousands in lawyerfees and years in the courts i am afraid that it will take another generation before all the nice ideas on paper will be reality.

what is still reality here in thailand is corruption and a culture of violence. going to the courts over something minor (compared to big business) is not worth the risk here.

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Fly Wrote:

theoretically you 'should' a lot here in thailand, but as the rule of law is not that much observed here, and as it costs thousands in lawyerfees and years in the courts i am afraid that it will take another generation before all the nice ideas on paper will be reality.

 

Hi Fly,

 

Just giving some facts from my work with IP law, I know it would most likely be a very long and expensive path to pursue an IP case in Thailand, that is why I chose the words "should be" instead of "are". But actually since Thailand joined the international conventions you are entitled to use an international court of law to pursue the case, but even if you win, no compensation or enforcement is guarantied. But surely the information could be used to warn/scare off potential violators against illegal copying.

 

Best regards,

 

Danish30

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flyonzewall,

I believe its really hard to determine who's really a professional when the people are behind counters that you can't walk around. Also you're too far away from a computer's monitor if you have a line of sight of what exactly there are doing. Just because they can masterfully use Photoshop in a professional work environment doesn't mean they don't have the intention of making their own copies to sell at Chatuchak market.

 

I do have a "paper trial" of all my work and reliable people that can verify my work. Settling out of court definitely sounds like a possibility for having a Farang contract on my life- no way. I agree this option is not a good idea.

 

Great advice about seeking the absolute best people, the most professional people. Is there some kind of arts or art materials, or printer's directory for Thailand to get started? I prefer to give my money to Thais for my little venture rather then some big Western corporation that doesn't care.

 

Thanks!

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>>>Is there some kind of arts or art materials, or printer's directory for Thailand to get started?<<<

 

just take your time and look look around, lots of OK scan labs around here.

one thing though - in a professional place you can and should sit next to the photoshop guy. even though he is very good he still needs your direction. if a shop does not want that, pack your stuff and go, they are not professional. of course quality scanning does not come cheap, esp. if you want drum scanning.

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