General creative works (literary, artistic, musical works, and photographs created from 2022 onward) are protected for the life of the author plus 50 years after the author's death, under Section 19 of the Copyright Act B.E. 2537 (1994). Some work types get a different term: works with no named author or owned by a juristic person (Section 20), and audiovisual, cinematographic, sound recording, or broadcast works (Section 21) are protected for 50 years from creation, or 50 years from first publication if published within that period. Works of applied art (Section 22) get a shorter term of 25 years from creation. Once the term expires, the work falls into the public domain and anyone may use it without permission or royalty.
The General Rule: Life of the Author Plus 50 Years
Under Section 19 of the Copyright Act B.E. 2537 (1994), copyright in general creative works - literary, dramatic, artistic, and musical works - subsists for the life of the author, and continues for a further 50 years after the author's death. For a work of joint authorship, the term instead runs 50 years from the death of the last surviving joint author. If the author (or all joint authors) dies before the work is published, the law instead grants copyright for 50 years from the date of first publication.
Works With No Named Author, or Owned by a Juristic Person
Section 20 sets a separate rule for two situations where the term can't be measured against "the life of the author" directly: (1) a work created under a pseudonym or anonymously, where the true identity is unknown, and (2) a work whose author is a juristic person - for example, a company that owns copyright in a work its employee created in the course of employment. In both cases, the law grants copyright for 50 years from the date the work was created; but if the work is published within that 50-year period, copyright continues for a further 50 years from the date of first publication.
This matters directly for businesses: software, internal manuals, or marketing content that an employee creates on the company's behalf, where the company owns the copyright as a juristic person, has its term measured from the date the work was created - not from "the company's lifespan," since a company has no death date the way a natural person does.
Audiovisual, Cinematographic, Sound Recording, and Broadcast Works
Section 21 sets the protection term for audiovisual works, cinematographic works, sound recordings, or broadcast works at 50 years from the date the work was created; but if the work is published within that 50-year period, copyright continues for a further 50 years from the date of first publication - the same structure as Section 20, applied to a different set of work types.
Photographic Works: The Rule Changed in 2022
Photographic works used to be grouped under the same rule as Section 21 (50 years from creation or from publication). But the Copyright Act (No. 5) B.E. 2565 (2022), effective from 23 August 2022, removed "photographic works" from Section 21. As a result, a photograph created from that date onward is now protected under the general rule in Section 19 - the life of the author plus 50 years after death - the same as other artistic works, rather than the old 50-years-from-creation rule. The amendment was made to align Thailand with its international copyright treaty obligations.
One important caveat: this extension is not retroactive for photographs whose original term had already expired before 23 August 2022 - a photograph that had already fallen into the public domain before that date does not regain protection. Businesses using older stock photo libraries should check the creation date and the original expiry date carefully before putting an older photograph back into commercial use.
Works of Applied Art: A Shorter Term
Works of applied art (for example, decorative patterns on packaging, or products that combine artistic character with a functional purpose) get a noticeably shorter term under Section 22: 25 years from the date the work was created; but if the work is published within that 25-year period, copyright continues until it reaches 50 years from the date of first publication. Businesses that design packaging or product ornamentation should know that this kind of work can potentially qualify for both applied-art copyright protection and design patent protection at the same time - two separate legal systems with different protection terms - so it's worth consulting a professional to plan for both.
Why This Matters for Business Planning
The different terms by work type directly affect several business decisions: drafting a license agreement with a term that actually matches the real protection period, IP due diligence before a merger or acquisition, and assessing whether a competitor's older content is already old enough to have fallen into the public domain. Because the Section 20 and 21 terms are measured primarily from the creation date, having a clear, dated record of the work's details becomes even more useful - it helps pin down exactly when the protection clock started running if a dispute arises later.
Summary Table: Protection Term by Work Type
- General works (literary, dramatic, artistic, musical) - Section 19: life of the author + 50 years after death (joint works: measured from the death of the last surviving joint author)
- Works with no named author, or owned by a juristic person - Section 20: 50 years from creation (or 50 years from first publication, if published within that 50-year period)
- Audiovisual, cinematographic, sound recording, or broadcast works - Section 21: 50 years from creation (or 50 years from first publication, if published within that 50-year period)
- Photographic works (created from 23 Aug 2022 onward) - Section 19: life of the author + 50 years after death, same as general works
- Works of applied art - Section 22: 25 years from creation (or 50 years from first publication, if published within that 25-year period)
Common Mistakes
- Assuming every type of work gets the same protection term - the law sets clearly different rules by work type in Sections 19-22
- Thinking DIP copyright notification is what starts the protection term running - the term always starts from the creation date or the author's death, by law, regardless of notification
- Assuming every photograph automatically gets the life-plus-50 term retroactively - the 2022 extension does not apply retroactively to photos whose original term had already expired
- Confusing works of applied art with design patents - two separate legal systems with different protection terms
Frequently Asked Questions
If I don't notify my copyright with the Department of Intellectual Property, does the protection term become shorter?
No. Copyright notification is only an optional way to create a dated record of the work; it is not a condition that creates the right or sets the protection term. The protection term always starts running from the date the work was created, or from the death of the author (depending on the type of work), regardless of whether it was ever notified.
Do photographs taken before 2022 get the new life-plus-50-years term retroactively?
Only if the photograph's original protection term had not already expired before 23 August 2022. Photographs whose original term had already expired and fallen into the public domain before that date do not regain protection.
What happens to a work once its copyright protection term expires?
The work falls into the public domain. Anyone may reproduce, adapt, or communicate it to the public without needing permission from the heirs or assignees, and without paying any royalty.
