泰國博物館難以為繼之困境與智慧財產權管理：從類比到數位以及美國法的啟示

The Problem of Unsustainability in Thai museums and Intellectual Property Rights Management: From Analog to Digital and the Lessons from the US

數位時代的博物館營運並非易事，特別是對擁有許多珍貴千年古物，但科技卻落後於西方的開發中國家而言，更是如此。東協國家的博物館，即面臨如何從傳統的文化擴散任務出發，轉而因應數位時代的問題。由臉書、推特到Instagram，消費者渴求更多的數位化應用，但博物館，尤其是在泰國，卻面臨投資赤字、欠缺資源、不當管理策略等問題，難以回應社會與消費者的需求。而泰國博物館不重視智慧財產權歸屬與授權機制等資產權利管理的問題，隨著東協走向自由貿易市場，各成員國文化彼此相近，將使泰國著作的主體識別性，更形模糊。因此本文建議泰國博物館應速：(1)將智慧財產權管理機制納入內部營運管理中，以及(2)修改泰國著作權法，使博物館修復與保存的功能可以受到合理使用之保障。透過對美國博物館以及泰國的交互性社會結構之研究，本文也建議泰國博物館最佳的永續策略應為B2B2C，亦即透過集體管理組織來進行授權，區隔但平行經營商業與非商業利用市場。

To operate museums in the digital era is not an easy task especially for developing countries where technology lies behind western though it is rich of antiques and cultural artifacts with thousand years of history that is supposed to be a raise of its value. Moving towards the digital age, museums in ASEAN are now in the time of its transition where its mission is no longer limited to cultural diffusion but also how their operation can become sustainable. From Facebook to Twitter and now the Instagram, along with the recent movement of consumers' behavior and their increasing demand of consumption in digital format, museums, at least in Thailand, have been facing with the problems of its deficit in terms of their unrecovered return on investment, lack of sufficient resources, and inappropriate management strategy to meet domestic need and consistent with the regional situation. That being said, right management of assets is not likely paid attention by museums in Thailand, including the process of IP clearance and licensing mechanism. Particularly in ASEAN context whereby creative works, i.e. painting, are the product of culture similarly shared by members, in order to distinguish one country's product from others, especially in the time of ASEAN free trade, and to sustain their business, this paper argues that Thai museums should urgently i) reform their internal management by applying the IPRs management mechanism into their practice and ii) revise the provision of Thai Copyright Law to include museums under the scope of fair-use to the extent that necessarily require to perform their replacement and preservation functions. By taking American museums as a model of the studyand Thai social structure of reciprocity into account, this paper further argues that the best approach suitable to Thai museums is the B2B2C where its license is operated under collective management society. This will thus allow museums to aim on both income generation and non-commercial use in parallel by differentiating or segmenting their markets.