Abstract:
In accordance with the Copyright Act B.E.2537, the protection for the author of the Copyright work is stipulated in Section 18. The prescription is detailed, with regard to the moral right , as follows:"The author of the copyright work in this Act is entitled to identify himself as the author and to prohibit the assignee or any person from distorting, shortening, adapting or doing anything against the work to the extent that such act would cause damage to the reputation or dignity of the author. When the author has died, the heirs of the author is entitled of litigation for the enforcement of his right through the tem of copyright protection unless otherwise agreed on writing.".In addition, the provision stipulated in the last paragraph of Section 19 prescribes that the juristic person is considerable to be art author of the copyright work. The detail of such paragraph is as follows: "In the case of the author being a juristic person, copyright subsists for fifty years as from the authorship; provided that if the work is published during such period, the copyright continues to subsist for fifty years as from the first publication.".When carefully review on Section 18 and other Sections stipulated under the Copyright Act B.E.2537, the term of moral right protection of the author being a juristic person is not explicitly defined.The author who is a juristic person, therefore, shall confront the problem regarding the duration of moral right protection.Since the comparison study on Thai Law and Foreign Law & Agreement is made, it is understandable that the moral right protection of the author being a juristic person, by virtue of the Copyright Act B.E.2537, shall endure through the life of the copyright protection and being expired whenever the juristic person is dissoluted during the life of the copyright protection.