In brief
Thailand’s Department of Intellectual Property (DIP) has undertaken public consultations on the Draft Act on Collective Management Organizations for the Use of Copyright and Performers’ Rights B.E. ... ("Draft Act"). The Draft Act aims to address long standing deficiencies in Thailand’s music licensing and collective rights management system, including unclear licensing processes, duplicate or fraudulent royalty claims, and limited transparency. The Draft Act would introduce statutory roles, stronger oversight of collective management organizations (CMOs) and agents, and enhanced protections for both rights holders and users. It would mark a significant step toward reforming Thailand’s copyright licensing framework and signaling renewed regulatory focus on the music sector.
In more detail
As background, users under the current regime often face challenges in navigating licensing procedures and identifying the relevant rightsholders for copyrighted works as a result of the absence of a centralized framework governing royalty collection. On the other hand, rightsholders have encountered difficulties arising from unclear licensing structures and a lack of clarity and transparency in royalty collection and distribution.
On 20 April 2026, the DIP opened a second round of public consultation on the Draft Act, which forms part of the Ministry of Commerce’s broader efforts to strengthen governance, transparency, and accountability in collective rights management. The Draft Act would introduce a licensing framework applicable to copyright operators, CMOs, agents, and users, supported by defined mechanisms for regulatory oversight, enforcement, and dispute resolution.
Key elements of the Draft Act
- Regulated uses: The Draft Act would apply to specific categories of works and uses relating to both copyright and performers’ rights, which will be further prescribed by Ministerial Regulations. While the Draft Act does not yet specify the types of works at this stage, it is expected that music-related works will be the initial focus of regulation.
- Licensing requirements: Copyright operators and CMOs engaged in royalty collection would need to obtain the required license and comply with regulatory requirements. Regulatory violations might result in license revocation, while unlicensed operations might attract administrative and criminal penalties.
- Transparency obligations: Mandatory public disclosure of royalty rates, licensing terms, and royalty distribution methods, together with ongoing reporting to the DIP.
- Extended Collective Licensing (ECL) system: The Draft Act proposes an ECL framework allowing authorized CMOs to grant licenses on behalf of both members and non-members. Non-member rightsholders would be treated the same as members in terms of licensing conditions, payment, and transparency, unless they agree otherwise.
- Agent oversight: Sales agents would be required to notify competent officers of their activities, and litigation agents would be required to register before undertaking enforcement actions.
- Committees and regulatory oversight: Matters relating to royalty collection under the Draft Act would be supervised by competent officials and a supervisory committee. Competent officials would play a key role in compliance and enforcement, including reviewing relevant documentation and issuing orders, written warnings, prohibition orders, and administrative penalties. In parallel, the supervisory committee would be empowered to adjudicate disputes concerning the collection and allocation of royalties.
- Transitional provisions: Existing operators would be granted a 120-day transitional period from the date the relevant Ministerial Regulations come into force to apply for the required licenses or registrations. During this transitional period, such operators would be permitted to continue their business operations without incurring any liability under the legislation.
Impact on stakeholders
In light of the proposed regulatory framework, the Draft Act is expected to have the following practical impacts across key stakeholder groups if passed in its current form:
- Copyright Operators & CMOs
For copyright operators and CMOs, the Draft Act would require a compliance uplift if enacted. Copyright operators and CMOs would be required to obtain a license from the DIP. Enhanced licensing, reporting, and governance obligations would be expected. At the same time, greater transparency and standardized practices are anticipated to strengthen market credibility and foster increased trust in the royalty collection system.
- Rightsholders
For rightsholders, the Draft Act is expected to introduce greater transparency, which would offer clearer visibility into how royalties are calculated, collected, and distributed. It would also strengthen participation through enhanced governance rights and a more active role for members within CMOs. In addition, the introduction of ECL frameworks may broaden access to royalty streams, including for non-members. However, rightsholders with the capacity to license directly may need to consider strategic trade-offs between maintaining independent control and benefiting from the efficiencies of collective management.
- Users
For users (including businesses and event organizers), the Draft Act would aim to provide greater certainty in the licensing process, including clarity on the appropriate entities from whom licenses must be obtained, applicable royalty rates, and payment obligations. This would be expected to reduce legal and commercial risks, including exposure to duplicate royalty claims, fraudulent demands, or unauthorized enforcement actions. While collective or blanket licensing mechanisms may simplify compliance, users may also need to consider the potential impact on pricing flexibility and cost structures.
Key takeaways and outlook
The Draft Act would mark a significant step toward establishing a more transparent, efficient, and reliable collective management framework in Thailand. If enacted, it is expected to materially reshape Thailand’s royalty collection framework by strengthening compliance standards and enhancing transparency, user protection, and regulatory certainty.
That said, as currently drafted, the Draft Act adopts a broad scope in regulating copyright, raising important questions regarding its application. While it is anticipated that music-related works will be the initial focus, subject to the issuance of future Ministerial Regulations, it remains unclear whether, and to what extent, other creative sectors such as film, publishing and the visual arts will be subject to the same licensing framework and enforcement regime.
At present, the Draft Act is still at an early stage of the legislative process. It will be subject to further review and approval. We will continue to monitor developments closely and provide updates as they become available. In the meantime, should you have any questions or require further assistance, please do not hesitate to contact our team.
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Yada Viseswongsa and Pakaimas Wongwiwatwaitaya, Associates, have contributed to this legal update.