Page:พรบ ลิขสิทธิ์ พศ ๒๕๓๗.pdf/14

 Anyone who directly transmits the sound and picture of or publishes to the public a sound recording of a performance which has already been issued for publication with a commercial purpose or a copy of such work shall pay a fair amount of remuneration to the performer. In the event that the remuneration cannot be agreed upon, the Director-General shall give an order prescribing the remuneration, having regard to the ordinary rate of remuneration for such type of business.

As regards the order of the Director-General under paragraph 1, [either] party may lodge an appeal with the Commission within 90 days reckoned from the date of its receipt of a written notice of the order of the Director-General. The ruling of the Commission shall be final.

In the event that any performance or sound recording of a performance involves more than one performer, those performers may appoint a joint agent for taking care of or managing their rights.

A performer shall have the right in his performance according to section 44 if the following conditions are met:

the performer has Thai nationality or has a residence in the Kingdom; or

the performance or most of the performance takes place in the Kingdom or in a country which is a party to a convention on protection of performers' rights to which Thailand is also a party.

A performer shall have the right to receive the remuneration under section 45 if the following conditions are met:

the performer has Thai nationality or has a residence in the Kingdom at the time the sound of his performance is recorded or at the time the right is claimed; or

the recording of the sound of the performance or most of the recording of the sound of the performance takes place in the Kingdom or in a country which is a party to a convention on protection of performers' rights to which Thailand is also a party.

The right of a performer according to section 44 shall last for a term of fifty years reckoned from the final day of the calendar year in which the performance takes place. In the event that the performance is recorded, the term shall be fifty years reckoned from the final day of the calendar year in which the recording takes place.

The right of a performer according to section 45 shall last for a term of fifty years reckoned from the final day of the calendar year in which the recording of the sound of the performance takes place.

The rights of a performer according to section 44 and section 45 are transferrable, whether [they are to be transferred] in whole or in part, and the transfer may be subject to a time limit or may take effect for the entire term of protection.

In the event that there is more than one performer [involved], [each] performer has the right to transfer only the part of the rights which belongs to him.