What should a Video Production Agreement include under Thai law?

1. Definitions and Interpretation
2. Engagement
3. Stages and Approvals
4. Changes and Change Fees
5. Client's Responsibilities
6. Performers, Music and Clearances
7. Permits, Safety and Insurance
8. Fees and Payment
9. Taxes
10. Ownership and Use
11. Synthetic Media and AI
12. Confidentiality and Personal Data
13. Warranties and Liability
14. Force Majeure and Weather
15. Cancellation and Termination
16. Notices
17. Governing Law and Disputes
18. General

• A video production commission is 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. Each counterpart carries 5 THB, or 1 THB if the duty on the original is 5 THB or less.
• The Producer pays the duty (Clause 9.3), including duty on Change Orders. If the Fee is 1,000,000 THB or more, the duty must be paid in money to the Revenue Department instead of by affixing stamps; for electronic signing, use the 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 of up to six times the duty are paid.

• A Thai company paying a Thai production company for a commissioned video normally withholds 3% and issues a withholding tax certificate (Clause 9.2). Performer fees that the Producer pays on to actors and presenters are the Producer's own withholding responsibility.
• If the Producer or the Client is abroad, different withholding rules and double tax treaties may apply. Ask an accountant before the first payment.

• Approve the Locked Script in writing (Clause 3.2). After that, changes to the script, cast, locations or number of days are Change Orders with a price (Clause 4).
• Ask the Producer for copies of the signed Performer consents and the list of Cleared Materials with their periods and media (Clause 6.3). Put the end of the Usage period in your calendar: using the video after it, or in new media, requires new rights.
• For a performer under 20, a parent or legal guardian must also sign. If a child is paid to perform, check the child-labour rules on age, working hours and night work before the shoot.
• Filming in public places, on roads, in parks and with drones needs permits. A foreign crew filming in Thailand may need permission from the Thailand Film Office and work permits for its members; check this early because approvals take time.
• For filming in someone's home, shop or office, sign a location agreement with the owner and, for a rented property or condominium, get the landlord's or building management's consent.

• Clause 11 prohibits digital replicas, synthetic voices and deepfakes of real people without their specific written consent. Many platforms also require AI-generated or altered content to be labelled; the Producer must tell the Client which elements were generated (Clause 11.2).

• Copyright in the Final Video passes to the Client when the Fee and approved Change Orders are paid in full (Clause 10.1). Keep the final transfer slip with the signed Agreement as proof.- The Producer keeps copyright and the Client has a permanent exclusive licence once paid (Clause 10.1). Without that clause, Thai law would give copyright in a commissioned video to the Client, so keep the signed Agreement safely.
• A transfer or licence of copyright must be in writing and signed by both Parties.
• The raw Footage stays with the Producer for 12 months (Clause 10.3). Ask for any extra edits or copies within that time.- The raw Footage and project files are delivered with the Deliverables (Clause 10.3). Back them up at once; they contain personal data of the people filmed and must be stored securely.

• Instalment 2 is due before the first shooting day (Clause 8.2). If it is late, the Producer may postpone the shoot after notice (Clause 8.5), and the Client may have to pay costs for crew already booked.
• Keep the signed PDF, the Locked Script, every Change Order, the review comments, invoices, transfer slips and withholding tax certificates.
• A Thai court works in Thai, so English documents need a certified Thai translation in a dispute. If the other Party has no assets in Thailand, staged payments protect both sides better than a lawsuit.

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-D0C7B9. If you reuse this content, please credit the author and link to the original.