Copyright Infringement: What to Do First

First, Document Everything

Before contacting the alleged infringer or taking any action, the most important thing is documenting evidence systematically, on both sides of the dispute:

• Your original work files with proof of creation date, such as source files, edit history, emails where the work was sent, or related receipts
• Your copyright notification certificate from the Department of Intellectual Property, if you filed one (not a requirement, but it makes confirming the date and details of the work easier)
• Images or links to the suspected infringing work, along with the date discovered and an identifiable source (a dated screenshot, a website address, or a social media account name)
• Whatever you can identify about the infringer, such as a shop name, website, or seller account
• A detailed side-by-side comparison of both works, to make an early assessment of which parts are identical or similar enough to count as reproduction or adaptation

What Counts as Copyright Infringement

Under the Copyright Act B.E. 2537, Sections 27-30, reproducing or adapting or communicating to the public a copyrighted work without the owner's permission is infringement - the law sets out the standard separately by type of work: literary, artistic, and musical works (Section 27), audiovisual works and cinematographic works (Section 28), sound recordings (Section 29), and broadcasts (Section 30).

Beyond whoever directly reproduces or adapts the work, Section 70 also covers anyone who sells, rents out, offers for sale, communicates to the public, distributes, or imports copies made in violation of copyright, even if they aren't the one who made the copies - a point that matters for businesses that discover someone else selling products or services using their work without permission, since liability isn't limited to the original maker.

Penalties for Copyright Infringement

The main penalty provisions sit in Chapter 8 of the Copyright Act B.E. 2537:

• Section 69 (reproduction, adaptation, or communication to the public) - a fine of THB 20,000-200,000. If done for commercial purposes: imprisonment of 6 months-4 years, a fine of THB 100,000-800,000, or both
• Section 70 (selling, renting, communicating, distributing, or importing infringing copies) - a fine of THB 10,000-100,000; if done for commercial purposes: imprisonment of 3 months-2 years, a fine of THB 50,000-400,000, or both

Note: the penalty ranges above are drawn from the Copyright Act B.E. 2537 (as amended by Acts No. 2-5) and represent the statutory penalty framework, not the damages a court will actually award in any given case - that depends on the facts and the court's discretion. Civil damages are claimed separately from criminal penalties, and there is no fixed formula that a general article like this one can state. Consult a lawyer to assess the actual damages in your situation.

A Key Difference: Copyright Infringement Can Be Settled

Under Section 66, copyright infringement is a "compoundable offense" - worth knowing from the start, because it means the copyright owner and the accused can negotiate a settlement both before filing a police report and during the proceedings. Negotiation is therefore a genuinely available option throughout the case, unlike some criminal offenses where the door closes once criminal proceedings begin. That said, the procedural details and timing around filing and withdrawing a criminal complaint are governed by the Criminal Procedure Code specifically - consult a lawyer to get this right for your situation.

Your Options Once You Find Infringement

Once you've documented the evidence and made an initial assessment that it's genuinely infringement, the copyright owner has several options, which don't need to follow a fixed order and can be combined as fits the case:

• Direct negotiation or a cease-and-desist letter - not a legal requirement, but a commonly used first step, since some infringers stop immediately once formally notified, saving time and cost compared to litigation
• Filing a police report - to pursue criminal charges under Sections 69-70. Because it's a compoundable offense, the copyright owner keeps an active role throughout the process, including the option to reach a settlement with the accused if that fits the situation
• Filing a civil suit - to claim damages and seek a court order for the infringer to stop. Both criminal and civil copyright cases fall under the jurisdiction of the Central Intellectual Property and International Trade Court, the same court that hears patent and trademark cases

Working with an Agent or a Litigator

Responding to copyright infringement usually requires both an understanding of the creative work involved and litigation expertise. Patent To You's team advises from the initial assessment and evidence-gathering stage through to coordinating with a litigator to take the case further. That said, every case's outcome depends on its own specific facts and evidence; no result can be guaranteed in advance for any case.

Frequently Asked Questions