ALERT

Thailand is currently drafting new legislation to specifically regulate the collection of royalties relating to copyright and performers’ rights. The proposed law aims to establish a comprehensive regulatory framework governing the collection of copyright remuneration. The Draft Act on the Collection of Remuneration for the Use of Copyright Works and Performers’ Rights (the “Draft Act”) was recently open for public consultation from 20 April to 22 May 2026.

While the commercialization of copyright works in Thailand has continued to increase, reflecting the growth and industrial development of the country’s creative sector, Thailand’s copyright and performers’ rights remuneration systems have continued to face various challenges. This is despite efforts by the Ministry of Commerce and other relevant government authorities to address these issues through various measures, including the introduction of requirements for the disclosure and notification of remuneration, costs, expenses, and rules, procedures, and conditions relating to music copyright licensing for commercial public communication, as well as the establishment of a voluntary registration system for copyright enforcement agents with the Department of Intellectual Property (DIP).

These developments have led to the need for new legislation specifically regulating the collection of royalties relating to copyright and performers’ rights. The proposed legislation aims to establish a comprehensive framework, as well as a more reliable, transparent, and enforceable system for royalty collection and distribution.

The principal features of the Draft Act include the following:

• Regulated Types of Work and Use: The Draft Act will apply to specific types of copyrighted works and performers’ rights, and related uses, particularly where there are multiple rights holders or large numbers of users, making individual licensing impractical or inefficient, as prescribed by the Ministry of Commerce (MOC).
• License Requirements: Copyright operators and collective management organizations (CMOs) which collect or manage royalties and remuneration from regulated types of work and use must obtain licenses from the competent Sales agents may notify their appointments to officials, while litigation agents must be registered.
• Obligations for Copyright Operators and CMOs: Copyright operators and CMOs must adhere to licensing and regulatory standards. These include transparency obligations regarding royalty rates, royalty distribution, managed repertoires, and membership meetings.
• Extended Collective Licensing (ECL): In specific categories of utilization where users require a large quantity of copyrighted works, case-by-case licensing proves difficult and economically inefficient. Therefore, the Draft Act introduces an Extended Collective Licensing (ECL) system authorizing qualified CMOs to license works and collect royalties on behalf of non-member rights holders, provided those rights holders have not formally opted out with competent authority.
• Supervisory Committee: The Draft Act will establish a committee called “Remuneration Collection Supervisory Committee” which consists of the Director-General of the Department of Intellectual Property, serving as Chairperson, ex officio members including representatives of the Office of the Consumer Protection Board, the Office of the Attorney General, the Ministry of Culture, and the Office of Trade Competition Commission; and not more than four qualified members appointed by the Cabinet. Authory of the Committee includes hearing and deciding appeals relating to licensing, revocation and registration matters; issuing rules on royalty collection, approving or revoking licenses and overseeing CMOs, adjudicating certain disputes, etc.
• Remuneration for Public Performances: Organizers of public musical performances or sound recording performances must pay remuneration to the copyright operator or CMO, unless otherwise agreed.
• Tiered Enforcement Mechanism: In the event that a copyright operator, CMO, sales agent, litigation agent or any related person violates or fails to comply with the Draft Act, the competent official shall have the duty and power to take actions under a tiered enforcement mechanism, whereby enforcement actions are taken in sequential stages as follows: (1) issuance of a warning notice; (2) issuance of a cease-and-desist order together with corrective guidance and public disclosure; and (3) imposition of administrative fines, with the alleged violator having the right to be heard at each stage.
• Penalties: The Draft Act introduces penalties for non-compliance, divided into two categories: administrative fines and criminal penalties. For administrative fines, violations of obligations under several provisions (such as failing to set transparent royalty rates) carry a fine of up to THB 500,000, plus an ongoing daily fine of up to THB 10,000. For criminal penalties, operating or collecting royalties for the regulated types of work and use without a license shall be subject to up to three years in prison, a fine of up to THB 1,000,000, or both.

Once the Draft Act passes through the legislative process and comes into effect, it will meaningfully regulate and shape Thailand’s copyright royalty collection system. By establishing fair and transparent conditions, this new framework will ultimately enhance and support the country’s growing creative economy.

If you have any questions or require any assistance for intellectual property matters in Thailand, please contact our Partner of ZICO IP Thailand, Ms. Paramee Kerativitayanan, at paramee.k@zicoip.com.

This article is for general information only and is not a substitute for legal advice.