Eliza is a global nomad working as an Advisor for Innovation Ecosystem Development at King Mongkut's University of Technology Thonburi.
She is also an attorney with over 15 years experience in patent law as a patent examiner, patent agent, and patent attorney and over 6 years experience in government and academic research.
Guest Author: Eliza Stefaniw
Digital nomads in Thailand have probably experimented with generative AI like ChatGPT and MidJourney. They may even be using AI tools to help generate content for self-promotion or work tasks. However, is the content created using generative AI tools actually copyrightable in Thailand?
For most written and artistic work you create, you are the automatic copyright owner, unless you have been hired to do the work for someone else.
However, Thai copyright law requires the author of a copyrightable work to be either a human or a juristic person. As usual, copyright law lags behind technical progress.
While Thailand is in the process of amending its copyright law and passing laws to regulate AI, none of these laws appear to provide guidelines for determining when AI-generated or assisted work is copyrightable so far.
There is a possibility that you may be granted copyright in works created with AI assistance, as long as you supplied the creativity, in the form of “effort, knowledge, and intellect” embodied by the final work. But the situation in Thailand remains uncertain.
Like many countries, Thailand must consider how to appropriately provide for AI-generated content, whether it is through copyright law, allowing private parties to settle ownership by contract, i.e. through Terms of Use, or creating a new form of intellectual property.
Until then, read the terms and conditions and be aware that your AI-assisted creations may not have the copyright protection you’d usually expect.
