BANGKOK, Thailand – Thailand’s Department of Intellectual Property has held discussions with YouTube and relevant agencies to address copyright claims involving traditional Thai songs whose copyright protection has expired and which have entered the public domain. The discussions followed cases in which people recorded or performed traditional Thai songs and uploaded the recordings to online platforms, only to have their videos restricted or removed after being flagged by automated copyright-detection systems.
Auramon Sapthaweetham, director-general of the Department of Intellectual Property under the Ministry of Commerce, said the department met with YouTube, the Ministry of Culture, the Music Association of Thailand under Royal Patronage, experts in traditional Thai music, organizations involved in preserving Thai music and individuals claiming rights to traditional Thai songs. The discussions focused on finding ways to resolve disputes involving traditional Thai music that is already in the public domain, while exploring mechanisms and databases that could make copyright verification more accurate. The parties also discussed improving public understanding of copyright and supporting the preservation and digital dissemination of Thailand’s cultural heritage.
Online platforms such as YouTube use automated copyright-management systems, including YouTube’s Content ID, which uses AI technology to compare content uploaded to the platform with works registered in its system. While the system is designed to help manage copyright, authorities noted that AI-based systems may have limitations in identifying works that are already in the public domain. This can be particularly problematic with traditional Thai music, where an original composition may no longer be protected by copyright but has subsequently been performed or newly recorded. In such cases, an automated system may mistakenly identify the new recording as infringing copyrighted material.
The discussions resulted in four key areas of cooperation. The first is to explore technical measures to improve automated copyright-detection systems so they can more accurately distinguish public-domain works and reduce erroneous claims. The second is to consider the use of international data standards for musical works and sound recordings whose copyright protection has expired. Such standards could help establish consistent codes and data structures, making it easier to connect and verify information about works and their copyright status across digital platforms.
The third is the creation of a database of traditional Thai songs that have entered the public domain. The database would serve as a reliable reference for online platforms, relevant agencies and the public, providing accurate and comprehensive information on the status of traditional works. The fourth is the development of an appropriate dispute-resolution mechanism for overlapping claims involving traditional Thai music, taking into account the characteristics of traditional works and their distribution in the digital environment. The Department of Intellectual Property will initially serve as the central agency coordinating these efforts.
Auramon said online platforms have become an important channel for distributing Thai music and culture, particularly traditional Thai music, which has historical value and forms part of the country’s cultural heritage. She said the department was concerned about cases where people perform or newly record traditional songs and upload them online, only to face automated copyright claims, even though the original compositions may have already entered the public domain. Similar situations can occur when a person creates an original work or has legally obtained permission to use copyrighted material.
The department therefore advised people who receive copyright claims they believe are incorrect to use YouTube’s dispute process to assert their rights. They should provide supporting evidence, such as the original work and details of its creation, copyright notification documents issued by the Department of Intellectual Property, evidence showing when the work was first published, or other documents demonstrating ownership or lawful permission to use the work.
If a dispute is rejected, the claimant can still follow the appeal process provided by the platform. Under Thailand’s Copyright Act B.E. 2537 and subsequent amendments, musical works are generally protected for the lifetime of the creator plus 50 years after the creator’s death. Sound recordings are protected for 50 years from their creation, or, if they are made available to the public, 50 years from their first publication.
Once the statutory protection period expires, the work enters the public domain. Members of the public can generally perform, adapt, modify or rearrange such works without seeking permission from the original copyright holder or paying copyright fees. Authorities said this system plays an important role in preserving, disseminating and building upon Thailand’s cultural heritage. However, newly created arrangements, adaptations or recordings may themselves qualify for copyright protection under the law. Such protection applies to the newly created material and does not extend to the underlying traditional composition that has already entered the public domain.
