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ฉบับพิเศษ ประจำ�ปี 2564

Problems of Copyright Infringement

through Use of Linking and Framing:

Experiences from USA and EU and Possible

Applications of Copyright Act B.E. 2537

Justice Voravuthi Dvadasin

Chief Justice of the Central Intellectual Property and International Trade Court

Weekit Charoensuk
Judge of the Central Intellectual Property and International Trade Court

Abstract

Internet brings about ease of information dissemination and such information
fluidity is largely thanks to the easy-to-access nature of website with merely few phrases
put into internet browser. These web addresses or universal resource locators (URLs)

are in most cases directed to copyrighted content stored on the web server operated by
copyright holder, and copying or displaying of such content is arguably subject to the
owner’s consent. Other internet service operators often treat these web addresses or

URLs as merely direction to the copyright owner’s website and use the techniques as
linking or framing to offer internet users guidance to copyrighted material. The copyright
owner, however, may feel adverse economic impact by such practice and, as a result,

bring the controversy to the court. This has been the case in major jurisdictions such as
the United States and the European Union for the past two decades.

In Thailand, not many cases involved linking and framing, if not none, have been opined
by the judiciary and may create uncertainty as to whether such conduct mounts to

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