What should a Live Streaming Production Agreement include under Thai law?

1. Definitions and Interpretation
2. Services
3. Connectivity and Backup
4. Rights in the Event Content
5. People on Camera and Personal Data
6. Stream Quality and Interruptions
7. Recording and Deliverables
8. Client's Obligations
9. Fee and Payment
10. Taxes
11. Postponement, Cancellation and Force Majeure
12. Liability
13. Termination
14. Notices
15. Governing Law and Disputes
16. General

• A live streaming production agreement is generally treated as a hire of work (Instrument 4 of the Stamp Duty Schedule). Duty is 1 THB for every 1,000 THB or part of 1,000 THB of the Fee. On the Fee you entered, the duty on the original is the amount the system calculates from the figures entered, and each counterpart carries the amount the system calculates from the figures entered.Because the Fee is in …, convert it to Thai Baht at the exchange rate on the date of signing and calculate the duty on the Baht amount.
• The Producer pays the duty (Clause 10.3). For electronic signing, use the Revenue Department's e-Stamp Duty system within 15 days after signing. An unstamped agreement cannot be used as evidence in a Thai civil court until the duty and a surcharge are paid.

• A Thai company that pays the Fee usually withholds tax at the rate for services or hire of work and issues a withholding tax certificate (Clause 10.2); because you ticked gross-up, the Client bears that tax on top of the Fee.

• Get a signed consent from every speaker and performer to the live stream, the recording and its later use (Clause 4.1). A standard speaker form sent with the invitation works well.
• Music played in the stream needs a licence for online use from its owners, even if the Venue already has a licence to play music to the room. Without it, a Platform may mute or remove the stream (Clauses 4.1 and 4.3).
• Check that sponsors' videos and logos may be streamed.

• Say in the registration form and on signs at the entrances that the Event is streamed and recorded, and where the recording will be published (Clause 5.1).
• Set aside and mark the camera-free seating area, and give out the agreed identifier to attendees who do not wish to appear (Clause 5.2).
• Do not let the crew film close-ups of children unless a parent has consented.

• Book a dedicated wired line of at least … Mbps upload from the Venue, not shared with Wi-Fi for guests (Clause 3.1). Ask the Venue for a written confirmation.- The Producer brings the primary and backup connections (Clause 3.1). Tell the Venue where the equipment and antennas will be placed.
• Attend the test stream … hours before the Event and watch it on a phone and a computer (Clause 2.2).
• Give the Producer only a stream key, not your account password, and change the key after the Event (Clause 3.3).
• Note the start and end time of any Interruption and report it at once (Clause 6.3). If you will deduct …% of the Fee for an Interruption, say so in writing before or when you pay the balance; paying in full without reserving it may be treated as giving it up.

• The Producer delivers the recording within … days and deletes its copies within … days after delivery (Clauses 5.3 and 7.1). Download and back up the files at once.
• Copyright in the recording passes to you when the Fee is paid in full (Clause 7.2). Speakers and performers keep their own rights, so use the recording only as their consents allow.

• Cancellation charges on the Fee: …% with at least … days' notice, …% with at least … days' notice, and …% after that (Clause 11.2). A Thai court may reduce a charge that is excessive compared with the Producer's actual loss.

• Keep the signed PDF, Schedule 1, speaker consents, music licences, the test stream report, messages about Interruptions and payment slips. A Thai court works in Thai, so English documents need a certified Thai translation in a dispute.

Compiled from the notes that accompany the English contract templates on this site, published by Phuwara Krobtaku (ภูวรา ครอบตะคุ), Thai attorney-at-law, licence no. 477/2558. The short answer and summary at the top of this page are put together by the site from the template's clause headings and notes. Statutes are quoted only in the official Thai text: Thai is the only official language of Thai legislation, and an unofficial translation can mislead. Article registry OKC-FD70CE. If you reuse this content, please credit the author and link to the original.