Articles Legal News Thailand Lawyer Links Home

Private Use on Musical Works, Rights of Public

Performance, and Collecting Society Systems.

By' Judge Visit Sripibool

shops, etc. Only collecting societies are capable of collecting remuneration for those kinds of use outside the Internet.

Of course, there is a danger that the societies may abuse their positions. It may cause damages to the owners of copyright. To prevent such abuse, in the United Kingdom, the Performing Right Tribunal was set up by the Copyright Act 1956 to regulate the licensing of performing rights, and this has now become the Copyright Tribunal.(196) The Copyright Tribunal has jurisdiction in relation to most schemes of rights. If there is a dispute between societies and licensee, the Tribunal may confirm or vary the claiming as the Tribunal thinks reasonable in the circumstances. There are also provisions for reference to the Tribunal if a person has been refused a license by the operator of the scheme, or the operator has failed to procure a license for him, for example if the person is seeking a license for a work that is in a category of case excluded from the scheme. The Copyright Tribunal has to make its determinations on the basis of what is reasonable in the circumstances, the Tribunal shall have regard to the availability of granting of licenses to other persons in similar circumstances, the Tribunal shall exercise its powers so that there is no unreasonable discrimination between licensees.(197)

Societies had already been formed in the eighteenth and early nineteenth centuries to represent the general interests of authors in making negotiations and in representations to governments and other bodies. It came to be recognized that, in addition, societies were needed to administer rights and to collect the payments due for use of protected material.

Four developments in the history of societies administering rights (collecting societies) may be noted. The first development was the formation in the nineteenth and early twentieth centuries of national collecting societies. These national societies came into existence in most countries with developed industries for the exploitation of authors' works.
The second development was the making of reciprocal agreements between the national societies, so that they could represent each other's repertoires. This process was assisted by the formation in 1926 of the confederation Internationale des Societies des Auteurs et Compositeurs (CISAC), with headquarters in Paris, CISAC continues in existence and now represents societies of authors, composers and publishers throughout the world. Besides affording the means for contract between its constituent members, CISAC has made important contributions to studies on copyright and author's rights through its Legal Committee and its publications.
The third development was the formation of collecting societies to represent rightowners other than authors. During the 1930s, sound recording producers began to claim public performance and broadcasting rights in the recording which they issued. As in the case of authors, it was found necessary to established organizations that would administer the rights, once they were recognized. Further impetus to this development was given by the adoption of the Rome Convention in 1961. As countries joined the Convention, societies were found in Scandinavia, Germany and other countries with the specific object of administering, for the benefit of record producers and performers, the remuneration arising from the broadcasting and public performance of phonograms.
The fourth development was the formation of collecting societies to deal with new uses of protected material. Thus in the 1970s, the new technological means of photocopying were developed. Some countries have passed laws granting authors and related rights owners a share in the money collected by way of levies on recording machines and equipment: these schemes cover not only photocopying but also, in a number of countries, sound and audiovisual recording. As far as photocopying (reprography) was concerned, international contact was achieved through the establishment of the International Federation of Reprographic Reproduction Organisations (IFRRO). Organisations such as the Societe de la Propriete Artisteque et des Dessins et Modeles (SPADEM), were found in a number of countries, representing and administerings the rights of graphic artists and photographers as regards, in particular, commercial reproduction of their works in books, magazines, postcards, etc. Collecting societies have been formed to administer the rental and lending rights of authors and owners of related rights. Societies administering particular areas of the reproduction rights in relation to particular uses have also been formed.
The present situation is, then, that collecting societies administering rights of authors and of owners of related rights have been established throughout the world. There are many types of collective administration in the world(198) . The development of new technological means of disseminating works will probably lead to the increased activities of these societies, and the formation of new entities to deal with new aspects of these developments.

Developing in Thailand

In Thailand, Thailand currently has two copyright collecting societies, The Music Copyright (Thailand) Ltd. under royal patronage, and Phonoright (Thailand) Co.Ltd. The Music Copyright is the agent responsible for collecting royalties for public performance of musical works, while Phonoright is the agent for collecting royalties from public performance of sound recordings. However, these two groups face considerable obstacles in securing royalties from users. Such difficulties may in part be attributable to a prevailing unawareness by users of the general principles of copyright law. The presence of two collecting societies exacerbates the confusion. Furthermore, as many users do not understand the distinction between musical works and sound recordings, they may always question the motives of two collecting societies collecting fees.(199)

Models of Collecting Societies.

A different model is arrived at of one emphasizes the importance of subjecting rights management organizations to a global supervisory system, whereby the organizations are subject to continuous surveillance by a designated Ministry. This provides a safeguard against any abusive activity by the collecting society, either in

Page 14


(196) See Id, supra note 194.
(197) Id. at 83.
(198) Stephen M. Stewart, International Copyright and Neighbouring Rights, Second edition, Butterworths, London, 1989 at 968-985. In European countries, Austria has 6 societies, two societies for musical, and one of each of dramatic and literary, published works, plastic and photographic, and sound recording. Belgium has 3 societies, one of sound recording, one of musical literary, dramatic, plastic, photographic, and audio-visual, and one of photographic. Bulgaria has one society. Its function is on musical, literary, and dramatic. Czechoslovakia has 4 societies. Two of them are on musical area, and the others are literary and dramatic. Denmark has 4 societies, one of published works, one of sound recordings, and two of musical works. Finland has three societies, each of them is sound recording, published works, and musical works respectively. France has 8 societies, each of them is published works, artistic, dramatic, musical works respectively, and the others are one of musical, literary, dramatic, one of literary, documentary, one of sound recording, and one of artistic and photographic. Germany has 7 societies, two of them are musical, one of literary, dramatic, plastic, one of dramatic, one of sound recording, one of visual arts and published works, and one of dramatic, literary and scientific. Greece has 3 societies, one of musical, literary and dramatic, one of dramatic, and one of dramatic and literary. Hungary has 1 society. It focuses on musical and literary. Iceland has 3 societies. Each of them is sound recording, published works, and musical respectively. Ireland has 3 societies. Two of them are musical, and another is sound recording. Israel has 2 societies. One is musical, literary, and dramatic. Another is sound recording. Italy has 2 societies. One is sound recording. Another is musical, literary, dramatic, photographic and works of figurative art. Netherlands has 8 societies. Each of them is artistic, dramatic and literary, sound recordings, photographic, published works, and audio-visual respectively, and two of them are musical. Norway has 3 societies. Each of them is sound recording, published works, and musical respectively. Poland has 1 society. Its focuses on the area of musical, literary and dramatic. Portugal has one society. It focuses on all categories. Spain has 3 societies. One focus on sound recording, one of published works, and another is on musical, dramatic, literary, choreographic, and cinematographic. Sweden has 4 societies. Each of them focuses on published works, sound recordings, plastic,(When we see so-called 'plastic'. It means mostly focusing on graphic reproduction) and musical respectively. Switzerland has 4 societies. One is on sound recordings, one is on dramatic, literary, artistic, photographic, one is on dramatic, dramatico-musical, choreographic, audio-visual, and another is on musical. United Kingdom has 7 societies. ALCS is on dramatic, literary. CLA is on literary. DACS is on artistic, plastic and photographic. MCPS is on musical. PRS is on musical. PPL is on sound recordings. VPL in on music and videograms. Russia has one society. It is on musical, dramatic, literary photographic, and works of fine art. United States has 7 societies.

AMRA is on musical. ASCAP is on musical. BMI is on Musical. Copyright Clearance Center Inc is on published works. FOX is on musical. SESAC in on musical. VEGA is on artistic and plastic. Canada has 6 societies. CAPAC focuses on musical. PROCAN focuses on musical. SARDeC focuses on literary, dramatic, audio-visual. SODRAC focuses on musical. Union de Ecrivains Quebecois focuses on musical. VIS-ART focuses on artistic and plastic. Argentina has 3 societies. AADI-CAPIF focuses on sound recordings. Sociedad General de Autores de la Argentina focuses on musical, literary and dramatic. SADAIC focuses on musical. Brazil has 7 societies. AMAR focuses on musical and sound recording. SADEMBRA focuses on musical. SBACEM focuses on musical. SBAT focuses on musical, literary, and dramatic. SOCINPRO focuses on sound recording. SICAM focuses on musical. UBC focuses on musical. Chile has 2 societies. SATCH focuses on dramatic. SCD focuses on musical. Columbia has 2 societies. ACINPRO focuses on sound recording. SAYCO focuses on musical. Ecuador has 2 societies. APEIFE focuses on sound recording. SAYCE focuses on musical. Mexico has 5 societies. ANDI focuses on sound recording. SACM focuses on musical. SOGEM focuses on musical, literary and dramatic. Directores focuses on film, audio-visual. SOMEN focuses on sound recording. Paraguay has one society. It is on the musical, literary and dramatic. Peru has one society. It focuses on musical. Uruguay has one society. It is on musical. Literary, dramatic and sound recording. Venezuela has one society. It is on musical. India has 2 societies. IPRS focuses on musical. Phonographic Performance (Private) Ltd. focuses on sound recording. Hong Kong has 2 societies. CASH focuses on musical. Phonographic Performance (SE Asia) Ltd. focuses on sound recordings. Japan has 5 societies. Geidankyo focuses on sound recording. Japan Copyright Clearance Centre focuses on published works. Japan Phonograph Record Association focuses on sound recordings. JASRAC focuses on musical. WGJ focuses on audio-visual. South Korea has one society. It is on musical. Philippines and Singapore have each of one society. Each of them focuses on musical. Australia & New Zealand have 4 societies. Two of them focus on musical, and others focus on published works and sound recordings.

(199) Christopher E. Knight, Draft "Collection of Copyright Royalty and Performer's Right Royalty Act in Thailand", Entertainment Law Review, Volume 11 2000 , Sweet & Maxwell, 2000 at N-75.