scholarly journals UTILIZATION OF ECONOMIC RIGHTS IN MUSIC AND SONG WORKS AS A PILLAR OF CREATIVE ECONOMY

2018 ◽  
Vol 1 (1) ◽  
pp. 115-133
Author(s):  
Dwi Surya Hartati ◽  
Nely Herlina
Keyword(s):  
Moral Rights ◽  
Creative Economy ◽  
Economic Rights ◽  
Legal Entity ◽  
Non Profit ◽  
Collective Management ◽  
Artistic Works ◽  
The Government ◽  
Management Institutions ◽  
Exclusive Right

The work of songs and music is one of several types of artistic works that is protected by the Act of Copyright. Copyright is regulated through Act No. 28 of 2014 About Copyright (Undang-Undang Hak Cipta or UUHC). Creators and Copyright holders have an exclusive right in the form of economic rights and moral rights. Economic rights can be acquired through the payment of royalty. According to the Act of Copyright, the National Collective Management Institution (Lembaga Manajemen Kolektif Nasional or LMKN) is the institution appointed to collect royalties from creators and/or holders of related rights. LMKN is a non-profit legal entity which has been given an authority by Copyright holders and/or holders of related rights to manage the economic rights in legally collecting and distributing royalties. In order to acquire their share in the royalty, each of the creators, Copyright holders, or the holders of related rights has to become a member of LMKN, and in return said LMKN got the authority to collect royalties from users of said artistic works. Royalty is a form of payment or rewards given to creators and/or Copyrights holders over the utilization of economic rights or related rights of a creation or a product. In Indonesia, there are a lot of LMKNs, in which the function is to collect royalties, including collecting exclusive rights of the holders of related rights. The resulting performance of Collective Management Institutions (Lembaga Manajemen Kolektif or LMK) has not reached its optimum capability for both creators and holders of related rights. The resulting advice of this paper is for the government to create a strict payment system and a method which can also be accessed digitally by the creators.

scholarly journals UTILIZATION OF ECONOMIC RIGHTS IN MUSIC AND SONG WORKS AS A PILLAR OF CREATIVE ECONOMY

2018 ◽  
Vol 1 (1) ◽  
pp. 115-133
Author(s):  
Dwi Surya Hartati ◽  
Nely Herlina
Keyword(s):  
Moral Rights ◽  
Creative Economy ◽  
Economic Rights ◽  
Legal Entity ◽  
Non Profit ◽  
Collective Management ◽  
Artistic Works ◽  
The Government ◽  
Management Institutions ◽  
Exclusive Right

The work of songs and music is one of several types of artistic works that is protected by the Act of Copyright. Copyright is regulated through Act No. 28 of 2014 About Copyright (Undang-Undang Hak Cipta or UUHC). Creators and Copyright holders have an exclusive right in the form of economic rights and moral rights. Economic rights can be acquired through the payment of royalty. According to the Act of Copyright, the National Collective Management Institution (Lembaga Manajemen Kolektif Nasional or LMKN) is the institution appointed to collect royalties from creators and/or holders of related rights. LMKN is a non-profit legal entity which has been given an authority by Copyright holders and/or holders of related rights to manage the economic rights in legally collecting and distributing royalties. In order to acquire their share in the royalty, each of the creators, Copyright holders, or the holders of related rights has to become a member of LMKN, and in return said LMKN got the authority to collect royalties from users of said artistic works. Royalty is a form of payment or rewards given to creators and/or Copyrights holders over the utilization of economic rights or related rights of a creation or a product. In Indonesia, there are a lot of LMKNs, in which the function is to collect royalties, including collecting exclusive rights of the holders of related rights. The resulting performance of Collective Management Institutions (Lembaga Manajemen Kolektif or LMK) has not reached its optimum capability for both creators and holders of related rights. The resulting advice of this paper is for the government to create a strict payment system and a method which can also be accessed digitally by the creators.

scholarly journals PERLINDUNGAN HUKUM HAK CIPTA TERHADAP LOGO INSTANSI PEMERINTAH DIHUBUNGKAN DENGAN PRINSIP ALTER EGO

2020 ◽  
Vol 2 (1) ◽  
pp. 95-114
Author(s):  
Mahadiena Fatmashara ◽  
Muhamad Amirulloh ◽  
Laina Rafianti
Keyword(s):  
Legal Protection ◽  
Secondary Data ◽  
Moral Rights ◽  
The Other ◽  
Government Agencies ◽  
Economic Rights ◽  
Natural Right ◽  
Commercial Activities ◽  
The Government ◽  
Alter Ego

ABSTRAKSalah satu instansi pemerintah di Jawa Barat, menggunakan logo yang diciptakan oleh pegawai dari instansi tersebut. Pembuatan logo tidak diperjanjikan khusus, sehingga pencipta tidak mendapatkan royalti (materiil dan ekonomi). Hal tersebut menarik untuk dikaji mengenai Implementasi Prinsip Alter ego yang berkaitan pada hak cipta seseorang yang mengakui pencipta sebagai pemilik hak tertinggi. Pencipta memiliki hak alamiah untuk memanfaatkan ciptaannya dan mempertahankan ciptaannya terhadap gangguan apapun dari pihak lain. Metode penelitian yang digunakan dalam penulisan ini bersifat deskriptif analitis guna memperoleh gambaran peraturan perundang-undangan yang berlaku dikaitkan dengan teori-teori hukum dan praktek pelaksanaan hukum positif. Pendekatan yang digunakan dalam penelitian ini adalah yuridis normatif, dengan cara meneliti bahan pustaka yang disebut data sekunder yang terdiri dari bahan hukum primer, literatur-literatur, artikel-artikel, pendapat dan ajaran para ahli serta implementasinya dalam praktek. Apabila dilihat pada Pasal 35 ayat (1) dan (2) Undang-Undang Nomor 28 Tahun 2014 tentang Hak Cipta tidak terpenuhi. Meskipun instansi pemerintah tidak bertujuan untuk kegiatan komersial. Namun hak moral dan hak ekonomi hakikatnya wajib dilaksanakan sesuai dengan prinsip perlindungan Hak Kekayaan Intelektual. Perlindungan Hukum terhadap pencipta atas logo tetap harus diakui. Kata kunci: alter ego; hak cipta; hak moral; logo; instansi pemerintah. ABSTRACTOne of the government agencies in West Java, using a logo created by employees of the agency. Logo creation is not specifically promised, so creators do not get royalties (material and economic). It is interesting to review the Implementation of Alter ego Principles relating to the copyright of a person who recognizes the creator as the owner of the highest right. The Creator has the natural right to utilize his creation and defend his creation against any interference from the other party.The research methods used in this writing are analytically descriptive to obtain an overview of the prevailing laws and regulations associated with legal theories and the practice of implementing positive laws. The approach used in this study is normative juridical, by examining library materials called secondary data consisting of primary legal materials, literature, articles, opinions, and teachings of experts and their implementation in practice.If viewed in Article 35 paragraph (1) and (2) of Law No. 28 of 2014 on Copyright is not fulfilled. Although government agencies do not aim for commercial activities. But moral rights and economic rights must essentially be implemented in accordance with the principles of intellectual property protection. Legal protection of creators over logos must still be recognized.Keywords: alter ego; copyright; government agencies; logo; moral rights.

scholarly journals Copyright and Copyright Protection

2016 ◽  
Vol 2 (4) ◽  
pp. 36
Author(s):  
Safet Emruli ◽  
Agim Nuhiu ◽  
Besa Kadriu
Keyword(s):  
Copyright Protection ◽  
Key Agreement ◽  
Third Parties ◽  
Moral Rights ◽  
Legal Rights ◽  
Financial Reward ◽  
Economic Rights ◽  
Bern Convention ◽  
Artistic Works ◽  
The Right

One of the legal intellectual property disciplines are copyrights which concerns artistic and literary works. Copyright is: bundle of exclusive legal rights that has to do with protection of literary and artistic works. It is granted to authors and artists to protect expressive works against unauthorized reproduction or distribution by third parties. Copyright protect “works”, expression of thoughts and ideas. Literary, dramatic, musical and artistic works must be original, it means not to be a copy. Copyright covers two other types of right: economic rights, the right of the owner to benefit financial reward from use of his work by others and moral rights which always have to do with original holder no matter if economic rights are transferred or not. Economic rights can be transferred. Bern Convention for the Protection of the Literary and Artistic Works is international key agreement and the oldest multilateral agreement in the field of copyright. Copyright subsists automatically on the creation of a work, no application needed, nor do any formalities apply. Nature of copyright is territorial and the minimum term of protection is life of the author plus 50 years after his/her death. In European Union and in certain number of countries, terms of protections of are extended to life of the author plus 70 years after his/her death.

scholarly journals Legal Protection of Brand Rights Holders for Brands Counterfeiting in E-Commerce in Indonesia

2020 ◽  
Vol 7 (2) ◽  
pp. 96-101
Author(s):  
Gede Angga Prawirayuda ◽  
I Nyoman Putu Budiartha ◽  
Ni Luh Made Mahendrawati
Keyword(s):  
Research Method ◽  
Legal Protection ◽  
Moral Rights ◽  
Legal Certainty ◽  
Legal Research ◽  
Economic Rights ◽  
Domain Names ◽  
The World ◽  
The Government ◽  
Internet Networks

The most detrimental thing is the use of domain names on internet networks that often use company name, brand and services without permission from the brand owner. The position of the brand is very important in the world of advertising and marketing. That happens because consumers in choosing a product related to the reputation of a brand, based on a sense of trust in the experience in using products with that brand. Aside from being a differentiator of a product with other products, a brand is also a valuable and commercial asset that has moral rights and economic rights. This study aims to analyse the preventive and repressive legal protection of trademark rights holders in e-commerce transactions. This research was conducted using the normative legal research method. The results of this study indicate that the preventive legal protection of trademark rights holders in e-commerce transactions is to register the trademark. The emphasis on preventive protection in this research is related to guarantees of the exercise of rights for brand rights holders in e-commerce transactions. That the presence of the government by drafting the Electronic Commerce Act and conducting socialization related to the legal protection of the parties in e-commerce is expected to be able to provide legal certainty of legal protection. Repressive legal protection in resolving trademark disputes is expected to create a guarantee for the enforcement of the rights of registered trademark rights holders in e-commerce transactions. Settlement of trademark disputes in e-commerce transactions can be done in 2 (two) ways, namely litigation and non-litigation.

construing the Berne Convention to say that all that was required was a positive right to claim authorship which the author may exercise as he wishes. Normally this will be by placing his name on copies of the work. The Green Paper noted that s 43 of the 1956 Act provided a useful remedy where the plaintiff is not a professional writer and could not therefore recover damages for loss of goodwill in a passing off action; the provision survives as s 84 of the 1988 Act. The Berne Convention also contains some latitude as to the right of integrity since Article 6 bis requires a right to object in cases only where actions in relation to an author’s work would be prejudicial to his honour or reputation. The government agreed with Whitford that exceptions such as the permitting of reasonable modifications (as in the Netherlands Copyright Act) should be made and that they would be in accordance with the Berne Convention. The Green Paper therefore proposed that the legislation should provide that no change should be made in any literary, dramatic, musical, artistic or cinematographic work without the author’s consent, with the exception of changes to which the author could not in good faith refuse consent. The Act embraces this principle by implication, not expressly, as it adopts the wording of the Berne Convention rather than that of the Green Paper. The Green Paper went on to propose that the rights would be exerciseable only by the author or, after his death, by his personal representative. Contravention of the rights would be actionable as a breach of statutory duty. The rights would not be assignable. However, the author would be permitted to waive his moral rights and such waiver would be binding on his successors in title. The moral rights would exist for the same period as economic rights. The White Paper promised legislation along the lines foreshadowed in the Green Paper, noting that while Whitford had doubted whether UK law had complied with the Brussels text of the Berne Convention, there was no doubt that amendment of the law was necessary to comply with the Paris text. Chapter 4 of the Act sets out the new rights. The rights to be protected are the minimum required to be protected by Berne – paternity and integrity. There is no equivalent to the French droit de divulgation (the right to control circulation of a work prior to its being completed for publication), the droit d’accès (mainly of artists to their paintings after sale), the droit de repentir (the right of withdrawal after publication, subject in German law to the payment of compensation to the publisher, of a work of which its author no longer approves). Nor is there a right to reacquire a work of which the author has disposed – such as Graham Sutherland might have found useful in the case of his portrait of Churchill – or a right of publication. The possibility of

1997 ◽  
pp. 488-488
Keyword(s):  
German Law ◽  
White Paper ◽  
Moral Rights ◽  
Green Paper ◽  
Berne Convention ◽  
Economic Rights ◽  
Statutory Duty ◽  
The Government ◽  
The Right ◽  
Right Of Withdrawal

scholarly journals Copyright and Copyright Protection

2016 ◽  
Vol 6 (1) ◽  
pp. 36
Author(s):  
Safet Emruli ◽  
Agim Nuhiu ◽  
Besa Kadriu
Keyword(s):  
Copyright Protection ◽  
Key Agreement ◽  
Third Parties ◽  
Moral Rights ◽  
Legal Rights ◽  
Financial Reward ◽  
Economic Rights ◽  
Bern Convention ◽  
Artistic Works ◽  
The Right

One of the legal intellectual property disciplines are copyrights which concerns artistic and literary works. Copyright is: bundle of exclusive legal rights that has to do with protection of literary and artistic works. It is granted to authors and artists to protect expressive works against unauthorized reproduction or distribution by third parties. Copyright protect “works”, expression of thoughts and ideas. Literary, dramatic, musical and artistic works must be original, it means not to be a copy. Copyright covers two other types of right: economic rights, the right of the owner to benefit financial reward from use of his work by others and moral rights which always have to do with original holder no matter if economic rights are transferred or not. Economic rights can be transferred. Bern Convention for the Protection of the Literary and Artistic Works is international key agreement and the oldest multilateral agreement in the field of copyright. Copyright subsists automatically on the creation of a work, no application needed, nor do any formalities apply. Nature of copyright is territorial and the minimum term of protection is life of the author plus 50 years after his/her death. In European Union and in certain number of countries, terms of protections of are extended to life of the author plus 70 years after his/her death.

scholarly journals Tinjauan Perpajakan atas Transaksi Pemanfaatan Musik pada Lembaga Manajemen Kolektif

2021 ◽  
Vol 20 (1) ◽  
pp. 33
Author(s):  
Fafa Zawawi ◽  
Budiasih Widiastuti
Keyword(s):  
Intellectual Property ◽  
Income Tax ◽  
Annual Income ◽  
Tax Credit ◽  
Total Income ◽  
Daily Lives ◽  
Economic Rights ◽  
Non Profit ◽  
Collective Management ◽  
The Right

Music is a work of intellectual property and art that can become a national potential that must be protected. As technology develops, bush communities are close to music in their daily lives for entertainment, industry, commercial and education. And also makes music or songs more quickly known in the ears of listeners thereby increasing its utilization. The creator or owner of the right to use the music has the right attached to it to get compensation for the use of copyright and / or related rights or commonly known as royalties. The creator or right owner must be a member of the Collective Management Institute (LMK) to be able to obtain economic rights in the form of royalties so that only LMK, the representative of the creator or right owner, collect and distribute royalties. LMK as a non-profit entity receives income in the form of fees or commissions for the total income received from the beneficiaries. Of course, income from the use of music has been deducted by income tax article 23 and can be used as a tax credit with annual income tax payable. The question arises as to who exactly the income is attributed to and who is entitled to the tax credit, as well as how the taxation aspects of the distribution of royalties to the creator or right holder so that in an effort to support effective tax administration and on the basis of justice. Keywords:  Royalty Income Tax, Collective Management Institute, Music Utilization

scholarly journals KAJIAN YURIDIS TENTANG KEBERADAAN PERGURUAN TINGGI NEGERI BADAN HUKUM MILIK NEGARA DALAM UNDANG-UNDANG SISTEM PENDIDIKAN NASIONAL

2011 ◽  
Vol 7 (13) ◽  
Author(s):  
* Rianti
Keyword(s):  
Education System ◽  
Constitutional Court ◽  
Legal Entity ◽  
Non Profit ◽  
Law System ◽  
National Education ◽  
National Education System ◽  
College Of Law ◽  
The Government ◽  
Legal Entities

This research aims to analyze and expose how the position of the College of law in Agency-owned Country laws and regulations in these rights are examined from the legislation of the national education system. It also seeks to analyze and expose the juridical effects of the verdict of the Constitutional Court No. 11-14-21-126-136/PUU-VII/2009 against Universities State-owned legal entity. Establishment of universities in the form of a State-owned legal entity is as an attempt to provide unhampered to College for more independent in managing the activities of the Organization of the education in the institution. Lightness of being given to the College would not escape from the framework of the national education system. In order to realize the independence of such an ACT, namely Act No. BHP 9 2003. In the Act that the units are arranged in the shape of Education Education legal entity. The application of the concept of legal entities give rise to various kinds of Education turns pro cons. The concept of a legal entity described as if the Government let go of responsibility in the field of education. The concept of legal entities concerned about making education unit became a non-profit institution. In the end the Constitutional Court decided BHP LAW has no legal binding force. The position of the BHMN if examined through the Sisdiknas Article 53 is a body of legal education. Because it is considered as one legal entity, then the PTN BHMN as supporters of rights and obligations. The concept of PTN BHMN as one legal entity principled profit. As a legal entity has the will and PTN BHMN which will be formulated in the vision and mission of higher education institutions each of which surely should not be contrary to the purpose of national education which have been outlined in the ACT Sisdiknas.Keywords: College State-owned legal entity, legal entities, Education Law system of national education, the Constitutional Court.

scholarly journals Perlindungan Hukum Hak Cipta Terhadap Musik Di Indonesia Yang Di Upload Di Media Massa

2019 ◽  
Vol 4 (1) ◽  
pp. 57-63
Author(s):  
Hafid Zakariya
Keyword(s):  
Copyright Holder ◽  
Recording Technology ◽  
Economic Rights ◽  
Government Grants ◽  
Search Site ◽  
Technological Developments ◽  
The Creation ◽  
The Government ◽  
A Site ◽  
Exclusive Right

In this era of globalization, people are pampered with any technology made easy with technological developments. With this technology able to create many opportunities one of them for the development of music in Indoneisa with social media in Indonesia can be rapidly spread and can be accessed by everyone so that the music can be Opportunities for artists to be commercialized. But with these developments many Parties are not responsible by doing music piracy by downloading so as to save or record with recording technology and storage nowadays, such as Memory card or flash disk with different types of brands. The advancement of storage technology has made it easier for users to record or duplicate a large number of creations that appear on internet media with ease and cheap cost even free, thus it does not comply with article 9 paragraph (3) UUHC Number 28 Year 2014: Any person without permission the creator or copyright holder is prohibited from making a reproduction and/or commercial use of the creation. And article 4 Law No 28 year 2014 part of article by article is a right that is only intended for the author, so that no other party can exploit that right without the permission of the creator. Copyright holders who are not creators only have a portion of the exclusive right of economic rights. Legal protections that government grants to songwriters or rights holders are now in two ways, first being a site blocking that is deemed to commit copyright infringement despite not running maximally and not reducing The occurrence of violations, and the second is to socialize both the songwriters or the rightsholders on the importance of registering the creation, as well as to the public about the culture respecting the work of the nation for law enforcement rights Intellectual property can be implemented well and currently the government has established a new institution of non-Ministry called Creative Economic Agency (BEKRAF). The liability made by the provider of free download sites is not compliant with the law. Providers of illegal sites even circumcarent their existence as illegal sites by way of positioning itself as a song search site that does not upload songs in the site but rather equate its site with search sites such as Google and Ymail.

scholarly journals Miasta i ich symbole. Uwarunkowania prawne marketingowego wykorzystywania wyglądu znanych zabytków

2021 ◽  
Vol 7 (1) ◽  
pp. 101-118
Author(s):  
Wojciech Kowalski
Keyword(s):  
Moral Rights ◽  
Third Party ◽  
Economic Rights ◽  
Commercial Use ◽  
Legal Provisions ◽  
Legal Position ◽  
The Subject ◽  
The Right ◽  
Exclusive Right ◽  
The Given

Cities and their symbols. Legal conditions for marketing use of the appearance of famous monuments The subject of this article is the legal ramifications of the commercial use of well-known landmarks by the cities where they are located. In fact, cities have played such a role and benefited commercially for many years, e.g. the Eiffel Tower in Paris or Tower Castle in London. Such a practice appears obvious but should be based on the local legal provisions in force and resulting limitations. After a detailed analysis of the law of property and copyright, the author argues that the owner of the landmark has not only an exclusive right to make physical use of it, but also the right to dispose of its image. In particular, these rights include the commercial use of this image in both possible forms, whether looking at the monument directly or enjoying it by looking at its photographs. Taking into account this legal position, a city can freely use its marketing images of its own landmarks, but in the case of third party owned monument, it will be necessary to sign a special agreement setting out the conditions of such use. Independently of property rights, a city will be obliged to also accept the rights of authors of projects referred to as “new monuments” as well as the rights of the authors of projects involving conservation, restauration, adaptation and modernization works. These rights include economic rights and authorship of the given works (moral rights). In case of reconstr

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