Legal Analysis of Non-Commercial Posting of Copyrighted Works on Social Media under Thai Copyright Law

Abstract

This research investigates the legal status of posting copyrighted works on social media for non-commercial purposes under Thai Copyright Act B.E. 2537 (1994), comparing it with international standards and the U.S. fair use doctrine. The study addresses the growing issue of unauthorized use of copyrighted works online, particularly in the absence of clear legal criteria in Thai law. The analysis finds that the U.S. statutory fair use factors offer clearer guidance to courts and users, whereas the Thai exception in Section 32 remains broadly phrased and the Thai legal framework lacks specific criteria, leading to inconsistent court interpretations. This vagueness has led to inconsistent judicial outcomes and uncertainty for content creators. To address these problems, the paper suggests that Thailand should reform Section 32 – for example by codifying a multi-factor test similar to U.S. fair use and otherwise clarify its statutory framework. Such reforms would align Thai law with its international obligations and better balance creators’ rights with public interests in the digital era.