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May 3, 2011

Fair Use: An Exploration of the Three-Step Test in Thai Copyright Law

IP Litigator

The legal concept of fair use in copyright law has been welcomed universally, as it serves to stimulate the dissemination of information and knowledge equitably and reasonably. With the social benefits obtained from the wide dissemination of copyrighted works in mind, Thailand adopted the doctrine of fair use by providing the doctrine as an exemption of infringement in the Copyright Act 1994. Due to the lack of a clear provision on the application of fair use and limited practice of the defense in Thai courts, the scope of application of fair use doctrine remains debatable. This article explores how the doctrine of fair use is considered in Thailand by looking at the way the provision on fair use is written and how the Thai Supreme Court has been interpreting the law.

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