Who owns copyright in work created by employees in Thailand? Copyright in work an employee creates in the course of employment is the employee's, unless the parties agreed otherwise in writing, under Section 9 of Thailand's Copyright Act B.E. 2537 (1994). The employer only has the right to publish the work in line with the purpose of the employment. For work created on commission, such as by a freelancer, copyright belongs to the person who commissioned it unless agreed otherwise, under Section 10.
A startup hired a developer to build its core app. Two years later he left to set up his own company in the same market. When the founder opened the employment contract, there was not a word about copyright, and nobody could say who owned the code the business earned money from every day.
What you need to know
The 5 points that matter most, drawn from the law and guidance cited at the end of this guide. Read just this part and you can decide your next move.
- Work an employee creates as an employee belongs to the employee unless there is a written agreement saying otherwise (Section 9).
- The employer's default right is to publish the work for the purpose of the employment, not to own the copyright.
- Commissioned work belongs to the commissioning party unless the parties agree otherwise (Section 10).
- Only the copyright owner may reproduce, adapt, publish and license the work (Section 15).
- Creators keep the right to be named and to stop distortions that harm their reputation, unless agreed otherwise in writing (Section 18).
How to do it in 7 steps
Work through these 7 steps in order. Each one is written so a team in a Thai organisation can act on it without waiting for a consultant, and keep the evidence an auditor will ask for.
- List the creative work your staff produceIdentify what staff create for the business, such as code, designs, photos, articles, videos or manuals. Start with the work that earns revenue.
- Separate employees from outside contractorsEmployees fall under Section 9, where copyright starts with the employee. Commissioned contractors fall under Section 10, where it starts with the client. The two groups need different contracts.
- Put a written copyright clause in employment contractsSection 9 lets the parties change the default only by a written agreement. State clearly that work created as an employee belongs to the company, and have the employee sign it.
- Close the gap for current staffA good practice is a signed written copyright agreement with every employee whose existing contract is silent, starting with those who create your most valuable work.
- Spell out ownership in freelance contractsSection 10 gives copyright to the client, but the parties can agree otherwise. A good practice is to confirm ownership in every contractor agreement.
- Agree on the creator's moral rightsSection 18 rights can be varied by written agreement. Say whether the company will credit the creator and how far it may modify the work.
- Keep proof of who has signedRecord which employees have signed an IP agreement, which version and when, so you can produce it at once in a dispute or an investor's due diligence.
Who owns copyright in work an employee creates on the job?
The employee who created it, unless a written agreement says otherwise, under Section 9 of the Copyright Act B.E. 2537 (1994). The employer may only publish the work in line with the purpose of the employment.
This default surprises many employers, including foreign-owned businesses in Thailand. A company that wants to own its employees' work needs a written agreement.
Who owns copyright when you hire a freelancer or agency?
The client who commissioned the work, unless the creator and the client agreed otherwise, under Section 10. Some contractors' standard terms do say otherwise, so read the contract before you sign.
What rights does a copyright owner have?
Subject to Sections 9, 10 and 14, Section 15 gives the copyright owner the following exclusive rights. Anyone who is not the owner cannot exercise them without the owner's permission.
- Reproduce or adapt the work.
- Communicate the work to the public.
- Rent out originals or copies of computer programs, audiovisual works, films and sound recordings.
- Give the benefits of the copyright to others.
- License others to use these rights, with or without conditions, provided the conditions do not unfairly restrict competition.
What rights does an employee keep after the company owns the copyright?
The creator keeps the right to be identified as the creator and to stop the assignee or anyone else from distorting, cutting, adapting or otherwise treating the work in a way that damages the creator's reputation or dignity, under Section 18. After the creator's death, the heirs can enforce this right for the whole copyright term, unless otherwise agreed in writing.
Common problems and how to fix them
Most organisations slip on the same 4 points. The table shows how to fix each one yourself, and how AIPDPA gets it done faster with the evidence in place.
| Problem | Fix |
|---|---|
| ✗ Assuming everything staff make during working hours automatically belongs to the company. | ✓ Section 9 gives copyright to the employee by default. Add a signed written copyright clause to employment contracts, then log each employee's IP assignment in AIPDPA's IP register so you can see at a glance who has not signed. |
| ✗ Relying on a verbal understanding that the work belongs to the company. | ✓ Section 9 only allows the default to change by written agreement, so a verbal deal is not enough. Get a signed document and keep the record in AIPDPA next to the list of your key works. |
| ✗ Forgetting the creator's rights under Section 18. | ✓ Without a written agreement, the company may be barred from modifying work in ways that harm the creator's reputation. Add a clause on credit and modification, and record it with the employee's agreement in AIPDPA. |
| ✗ Freelance contracts that say nothing about copyright, or use the contractor's standard terms. | ✓ Section 10 makes the client the owner unless agreed otherwise. Check the contractor's terms every time and state ownership clearly, then keep licences and contracts in AIPDPA's IP register. |
See which employees have not yet signed over their work
AIPDPA's IP register keeps employee IP assignment records, licences, cases and trademark renewal reminders in one place. See the demo account, no sign-up needed; plans from 2,900 THB a year (no VAT added).
Included in every plan, from 2,900 THB/year · demo account, no sign-up
Frequently asked questions
The questions people search for most on this topic. Each answer is short, direct and stands on its own.
If an employee designs our logo, who owns the copyright?
If it was designed in the course of employment and there is no written agreement saying otherwise, the employee does. The company may publish it for the purpose of the employment, under Section 9 of the Copyright Act B.E. 2537 (1994).
Does a Thai employment contract need a copyright clause?
Yes, if the company wants to own copyright in employees' work, because Section 9 gives it to the employee unless agreed otherwise in writing.
Who owns copyright when you hire a freelancer in Thailand?
The client who commissioned the work, unless the creator and the client agreed otherwise, under Section 10.
Is a verbal agreement on copyright ownership enough?
Not for employee work. Section 9 requires a written agreement, so a verbal deal does not change the default that the employee owns the copyright.
Can an employer modify work an employee created?
If the employee still owns the copyright, the right to adapt belongs to the employee under Section 15, while the employer may publish the work for the purpose of the employment under Section 9. Agree on modifications in writing.
What are a creator's moral rights under Thai copyright law?
The right to be identified as the creator and to stop distortion or adaptation that damages the creator's reputation or dignity. These rights survive a transfer of copyright unless otherwise agreed in writing.
Sources
This guide relies on 4 sources. Statutes are cited by section or clause; guidelines and standards are guidance, not law.
- Copyright Act B.E. 2537 (1994), Section 9
- Copyright Act B.E. 2537 (1994), Section 10
- Copyright Act B.E. 2537 (1994), Section 15
- Copyright Act B.E. 2537 (1994), Section 18
The law cited here comes from AIPDPA's legal knowledge base, transcribed from the Royal Gazette · This is general information; if your situation has unusual facts, our lawyers can review it with you.
Tools and services that help right now
Want to do it yourself, faster? Use the tools in AIPDPA. Want a lawyer to handle it, or to learn the skill yourself? Pick the service in our network that fits.
Trademark renewal reminders on the Section 54 windows, licence records and employee IP assignments.
Join the waitlist →Ready to use, by lawyers: fill in a short form and download instantly. Pay by PromptPay.
Use this contract →Ready to use, by lawyers: fill in a short form and download instantly. Pay by PromptPay.
Use this contract →IP audit, protection strategy and trademark filing.
See the service →
Who stands behind this guide?
Written by the AIPDPA legal team · Content owner: Phuwara Krobtaku, Attorney-at-law · Thai Barrister-at-Law · technology & intellectual property counsel
Lawyer's licence no. 477/2558 · Thai Barrister-at-Law · LL.M. in Intellectual Property & IT Law (Gold Medal)
Keep reading
Guides that usually come next after this one. Read them in the order your organisation needs.