รูปแบบและการดำเนินการขององค์กรบริหารการจัดเก็บค่าตอบแทนการใช้สิทธิของนักแสดง / ชนกนาฐ วงศ์สิรสวัสดิ์ = Form and opeeration of collecting society for managing remuneration for the use of performers' rights / Chonoknart Wongsirawasdi
This thesis is aimed at studying the form of a collecting society to be set up for managing the collection of royalties for the use of performers’ rights. For this purpose, it explores concepts as embodied in international conventions and looks at forms and operation of collecting societies established in other jurisdictions for collecting royalties for performers’ rights. The examination of such foreign experience constitutes a background for further analysis of the Copyrights Bill (No…), B.E…. and the Collecting Societies Bill, B.E…. and provides useful guidelines for establishing in Thailand an appropriate form of collecting societies, which are non-existent at present, in respect of performers’ right and for designing their operation to ensure optimum efficiency in the interest of performers in this country. It is revealed by this study that the setting up of a collecting society is of advantage to performers and, in this regard, a collecting society should be established in the form of an “association”, for it is a non-profit juristic person. It is also found that there should be only one collecting society to manage the collection of royalties for performers’ rights. This “single agency” conception will avoid duplication as well as confusion to rights users and general members of the public. Collection of royalties through this single collecting society will also yield greater benefits to performers in that performers can make use of collected remuneration for improving their individual talents and thereby contributing to the promotion of the Thai culture. Therefore, there should be enacted sui generis legislation for the establishment of a collecting society in respect of performers’ rights. However, performers, users and the general public should be educated on this matter as well.
