Music Copyright in Thailand: Ownership, Rights & Royalties

Two Rights in Every Song: Composition and Sound Recording

Under Thai law, every commercially released track carries two distinct copyrights. First, the musical work protects the composition itself — the melody, and typically the lyrics as a related literary work. Second, the sound recording protects the specific recorded master. The Copyright Act lists both as separate categories of protected work, so each can be owned, licensed, and sold independently.

This split matters commercially. A songwriter or publisher usually controls the composition, while a record label often owns the master. Consequently, the performer everyone associates with a song may hold no legal authority over its commercial use at all. In Thailand, as elsewhere, legal ownership — not public fame — determines who can license, assign, or monetise the work.

Who Owns Music Copyright in Thailand?

As a starting point, copyright vests in the author — the person who creates the work. However, several common situations shift ownership, and each should be pinned down in writing:

• Employees: where a work is created in the course of employment, the author generally retains copyright, but the employer may exploit it in line with the employment purpose unless the contract says otherwise. A clear written clause avoids doubt.
• Commissioned works: where a work is commissioned, the copyright generally belongs to the commissioning party unless agreed otherwise. Studios and producers should therefore address this directly.
• Joint authorship: co-writers and co-producers can hold undivided shares, which makes documentation essential.
• Sound recordings: the producer of the recording ordinarily owns the master, subject to any contract with the artist.

Because these defaults can surprise foreign parties, written agreements should always confirm ownership rather than rely on assumptions. In practice, disputes usually arise precisely where the paperwork is silent.

The Economic Rights That Drive Revenue

Ownership matters because the Copyright Act grants the owner a bundle of exclusive economic rights. In particular, the copyright owner controls:

• reproduction of the work, including copies and downloads;
• adaptation, such as remixes, translations, and arrangements;
• communication to the public, which covers streaming and broadcasting;
• rental of the original or copies of a sound recording; and
• licensing any of these rights to others, with or without conditions.

Following the 2022 amendments, the framework also reflects the international “making available” right, aligning Thailand more closely with the WIPO Copyright Treaty. As a result, on-demand streaming clearly falls within the owner’s exclusive control. Anyone who reproduces or communicates a track without permission risks civil and criminal liability, so licences must be secured up front.

Assignment vs Licensing Under Thai Law

The single most important contractual distinction is between assigning rights and licensing them. An assignment transfers ownership, whereas a licence merely grants permission to use the work while ownership stays with the rights holder. The Copyright Act treats each very differently.

Crucially, an assignment of copyright must be made in writing and signed by both the assignor and the assignee — oral transfers do not work, except on inheritance. Moreover, if the assignment does not state a duration, Thai law deems it to last only ten years. That default catches many parties off guard, so the term should always be stated expressly. For the wider principles at stake, see our guide to enforcing contracts in Thailand.

Performers’ Rights and Neighbouring Rights

Beyond the composition and the master, Thai law also protects performers directly. Under the Copyright Act, a performer holds exclusive rights over the broadcasting or communication to the public of a live performance, the fixation of an unfixed performance, and the reproduction of that fixation. These are known as neighbouring rights, and they sit alongside — not inside — the copyright in the song.

Importantly, performers’ rights are assignable in whole or in part, but any assignment other than by inheritance must again be in writing and signed. Session musicians, featured artists, and vocalists should therefore be covered by clear performer releases. Otherwise, a label may own the master yet still face claims from the people who played on it.

How Long Music Copyright Lasts in Thailand

Protection is long, but it is not identical across every layer of a song. The table below sets out the headline terms under the Copyright Act.

These durations explain why catalogues hold value for decades. Because a well-managed composition can outlive its author by half a century, music rights function as long-term income assets rather than one-off payments. For investors, that predictability is exactly the appeal.

Royalties and Collective Management in Thailand

Music income in Thailand flows through several channels. Broadly, copyright royalties include mechanical royalties from reproductions, performance royalties from public playing and streaming, and synchronisation fees for use in film, advertising, and games. Each stream ties back to ownership of the composition or the master.

In addition, public venues, broadcasters, and digital services generally need licences to play music lawfully. Several private collective management organisations license these uses and distribute royalties to their members. However, Thailand does not yet have a single comprehensive statute regulating collective management, and reform in this area has been discussed for some time. Consequently, users should confirm they hold the correct licences from the relevant rights holders or societies before playing repertoire in public.

Protecting Music Rights: Practical Steps

Copyright arises automatically on creation in Thailand, so registration is not a condition of protection. Nevertheless, sensible documentation prevents most disputes, and specialist entertainment law support can help structure it correctly. Artists, labels, and investors should take the following steps.

• Use split sheets. Record each contributor’s ownership share the moment a song is written, before memories and relationships fade.
• Sign written assignments and licences. Always state the rights covered, the territory, and the duration, and keep signed originals.
• Clear performers and producers. Obtain written releases for every featured artist, session player, and producer.
• Record works voluntarily. Filing details with the Department of Intellectual Property creates useful evidence of authorship, even though it is not compulsory.
• Run due diligence on deals. Before buying a catalogue, verify the chain of title for both the composition and the master.

Taken together, these habits turn creative output into a defensible asset. Above all, they ensure that ownership — and therefore revenue — can be proven when it matters.

Frequently Asked Questions

Rights in songs and recordings can also pass to heirs — see our guide to copyright inheritance in Thailand.