What should a Music Synchronisation Licence Agreement include under Thai law?

1. Definitions and Interpretation
2. Rights and Grant
3. Use of the Music
4. Delivery
5. Fee and Taxes
6. Credit and Cue Sheet
7. Online Platforms and Content Identification
8. Public Performance and Broadcasting
9. AI, Sound-Alikes and Voices
10. Warranties
11. Indemnities and Liability
12. Term, Termination and After the Licence Period
13. Confidentiality and Personal Data
14. Notices
15. Governing Law and Disputes
16. General

• Recorded music carries two copyrights: the musical work (composition and lyrics) and the sound recording. Thai copyright law treats them as different kinds of work, often owned by different people — the songwriter or music publisher, and the record label.
• This Agreement licenses both, but only in the shares that Schedule 1 says the Licensor controls (Clause 2.1). If a co-writer or another company owns part of the song or the recording, get a licence for that share too before publishing.- This Agreement licenses the song only. You may record your own version. Using the original recording, or a recording made by someone else, needs a separate licence from its owner.- This Agreement licenses the sound recording only. Before publishing, get a separate synchronisation licence for the song itself from its writers or their publisher — without it, the use infringes their copyright.
• Singers and musicians have their own rights in their performance (Copyright Act B.E. 2537 (1994) section 44). The Licensor warrants that the performers on the recording have consented (Clause 10.2); ask for a copy of the consent for a major campaign.

• No stamp duty is payable. A music licence is not listed in the Stamp Duty Schedule of the Thai Revenue Code.
• The fee is a royalty for Thai tax purposes. A Thai company or juristic person that pays it to a company carrying on business in Thailand normally withholds 3% and issues a withholding tax certificate (Clause 5.3).
• If the Licensor is an individual or is abroad, different withholding rules apply and a double tax treaty may reduce the rate, and a Thai Licensee paying abroad may have to self-assess Thai VAT (Form P.P.36). Ask an accountant before paying, especially because you ticked gross-up, so the Licensee bears the withholding tax on top of the fee.

• The licence starts only when the Licensor receives the fee (Clause 5.1). Pay before the Production goes live.
• Keep the Music within … seconds per version, and do not change the melody or lyrics, remix it or add vocals without written consent (Clause 3.1 and Clause 3.2).
• Send the Licensor the channel links before launch so it can whitelist them against automated content claims (Clause 7.1).
• Send the cue sheet within 30 days after first publication (Clause 6.2). It lets the writers and performers be paid by their collecting society.

• The fee covers putting the Music in the Production and publishing it in the Permitted Media. Television stations, cinemas and platforms may separately pay collecting societies for broadcasting or public performance of music (Clause 8). If you play the Production in your own stores or at an event, check whether you need a public performance licence for that.

• The Music may not be used to train AI or as input for tools that generate music, and nobody may make a sound-alike track or imitate the performer's voice without separate written consent, even after the Licence Period (Clause 9).

• The licence ends on (calculated by the system from the figures entered). Within 10 Business Days, stop paid ads, broadcasts and screenings that use the Music (Clause 12.2). Videos already posted on your own accounts may stay online if you do not promote or re-post them. Also delete the Production from your own accounts or replace the Music. To keep using the Music, agree a renewal in writing before that date.- The licence has no time limit once the fee is paid, but it covers only this Production, its versions and trailers (Clause 1.1). A new production needs a new licence.
• You may always keep copies for your archive and award entries (Clause 12.3).

• A company, publisher or label should sign through its authorised director or licensing officer; for a foreign company, ask for evidence of the signatory's authority. Clause 16.5 allows electronic signatures and signed PDF copies.
• Keep the signed Agreement, Schedule 1, the delivered files, the payment slip, the cue sheet and any performer consents together.

• A Thai court works in Thai. A Party that relies on this Agreement, or on English emails, must file a Thai translation certified as accurate. Copyright disputes are heard by the Central Intellectual Property and International Trade Court.

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-C6D255. If you reuse this content, please credit the author and link to the original.