Copyright Inheritance in Thailand: What Happens to a Creator’s Work

YouTube Videos Are Protected Copyright Works

According to the Department of Intellectual Property, a YouTube video is a copyright work made up of several elements. These include scenery footage, the selection and sequencing of clips, pacing, background music, sound effects, and captions. Because the video is recorded on a storage device and can be replayed, it qualifies as an “audiovisual work” under the definition in Section 4 of the Copyright Act B.E. 2537. The same Act protects other creative output, such as music copyright in Thailand.

The creator holds the copyright automatically from the moment the work is created. Within the protection period, that right includes:

• reproducing the work;
• adapting it;
• communicating it to the public;
• licensing it to others; and
• taking legal action against infringement.

How Long the Copyright Lasts

An audiovisual work is protected for 50 years from the date it is created. However, if the work is published — that is, communicated to the public — during that time, Section 21 of the Copyright Act B.E. 2537 sets the term at 50 years from the date of first publication.

Uploading a clip to YouTube counts as its first publication. As a result, the copyright in each video is protected for 50 years from the date it was published on the channel.

How Copyright Inheritance in Thailand Works

Copyright is property. Like a house, a car, land, or a bank deposit, it can be sold, transferred, or inherited. When the copyright owner dies, the department explained, the rights pass in one of two ways.

• With a will: the copyright passes to the legatee named in the will.
• Without a will: the copyright passes to the statutory heirs in the order set by the Civil and Commercial Code. That order starts with children and parents, then siblings and other relatives.

A surviving spouse is also a statutory heir and shares in the estate. In practice, therefore, the destination of the copyright depends on whether the creator left a valid will.

Heirs Should Apply to Be Estate Administrator

The department recommends a clear next step for copyright inheritance in Thailand. The legatee or statutory heir should gather documents relating to the deceased, then petition the court to be appointed estate administrator.

Once the court issues the appointment order, the administrator has authority to manage the estate, including the copyright in the audiovisual works. The administrator can then use that order to take control of the YouTube account, manage the channel, and allocate the revenue it generates.

Frequently Asked Questions