ผลกระทบของการคุ้มครองมาตรการทางเทคโนโลยีที่ใช้คุ้มครองงานอันมีลิขสิทธิ์ : ศึกษาเปรียบเทียบระหว่างสนธิสัญญาลิขสิทธิ์กับความตกลงเขตการค้าเสรี / ศุภจิตรา เลาหวัฒนภิญโญ = Impacts of protection of technological protection measure for the protection of copyrights : comparison study of WIPO Copyright Treaty and FTAs / Supachitra Laohawattanapinyo
Technological Protection Measure (TPM) is a tool that a copyright owner uses to control unauthorized use of its copyright work. This is a way to expand the protection of copyright work originally obtainable under copyright laws. As an expanded level of protection, a copyright owner uses TPM to prevent unauthorized access or reproduction of its copyright work. There are laws, called "anti-circumvention law", against those who circumvent, or produce or distribute devices to circumvent, the copyright work of copyright owners who uses TPM. Included in international multilateral agreements regarding the protection of technological measures are WIPO Copyright Treaty (WCT) and WIPO Performances and Phonograms Treaty (WPPT). They are provided only as a general guideline. Therefore, the United States of America is pushing other countries to implement the protection of TPM through FTAs and wishes its FTAs parties to implement their internal laws in the way similar to the anti-circumvention law in the United States of America. However, this attempt is widely criticized because this type of protection is far more than the scope of the obligations under the WCT and the WPPT. If Thailand enters into the FTA with the United States of America, Thailand will have to implement laws to protect TPM. In addition, the Copyright Act B.E. 2537 will have to be amended in accordance with the FTA. This thesis is aimed to study the impacts of anti-circumvention law and a way that Thailand will implement this law in order to make a balance between the rights of copyright owner and the public rights in fair use doctrine under copyright law, in addition to prevent misuse of this law by the copyright owner in a bad-faity, or right, way.
