Page:พรบ ลิขสิทธิ์ พศ ๒๕๓๗.pdf/15

 The transfer in any other way than succession must be conducted in writing with the signatures of the transferor and the transferee. If no time limit is stated in the contract of transfer, it shall be deemed that the transfer is subject to a time limit of three years.

Anyone who conducts any of the acts under section 44 without having obtained the permission of the performer or fails to pay the remuneration under section 45 shall be deemed to infringe the right of the performer.

Section 32, section 33, section 34, section 36, section 42, and section 43 shall apply mutatis mutandis to the performers' rights.

A Thai national who wishes to apply for the permission to use the copyright in a work which has been communicated to the public in the form of printed material or other similar form according to this Act for a purpose of study, teaching, or research without a view to seeking profit may file an application with the Director-General together with the evidence that the applicant once applied to the copyright owner for, but was denied, his permission to use the copyright for making a Thai translation [of his work] or for reproducing copies of a previously printed Thai translation of his work, or that a reasonable time has been taken to reach any agreement between them, but to no avail; if, at the time the said application is filed, it appears that:

the copyright owner has not made or permitted anyone to make a Thai translation of the said work for publication within three years after the first publication of the work; or

the copyright owner has printed a Thai translation of his own work for publication, but, after elapse of the period of three years following the last printing of the said translation, no translation of such work has been printed again and no copy of the translation of the said work is longer available in the market.

The application for permission under paragraph 1 shall be in accordance with the following criteria, procedure, and conditons:

when the application for permission under paragraph 1 is made, the Director-General shall not give an order of permission if six months after the termination of the period of time under paragraph (1) or (2) are not yet over;

in the event that the Director-General gives an order of permission, the permitted person shall have the exclusive right to make a translation of or print a translation of the work for which the permission is thus given; and in the event that the period of time [stated] in the letter of permission does not yet terminate or six months after its termination are not yet over, the Director-General shall not permit another person to make a Thai translation of the same copyrighted work;

the permitted person shall not transfer to another person the right for which the permission is given;