Intellectual property rights in filmmaking (protection of funds and rights of actors)

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In making a film, funding is the most important thing, because all production activities require funds. To support these intellectual property rights, a good chain of title is needed. chain of title is a series of documents that establish ownership rights in a film. Chain of title is very important for film buyers and film distributors, because the document establishes the correctness of the owner’s rights (or rights under a license) to intellectual property in the film, book, or encyclopedia. Chain of title is a very valuable asset, because without a clear chain of title, selling film properties becomes difficult. Everyone involved in the production of making a film has their respective copyright, such as actors, producers, scriptwriters and others. Creating a clear chain of title can increase the opportunity to raise funds for film production and distribution.

Documents contained in the Chain of title are:
• Music rights and film footage and photos
• Trademark license
• Talent agreements, such as actor, director, cinematographer, choreographer, or others, to use the work, image, likeness and other personality rights in the film
• Character license
• proof of error and negligence insurance

Protection of actor rights

Apart from rights related to film production activities, actor rights are rights that must be considered, because actors also have copyright in a film they star in. In Indonesia, actors or performers have moral and economic rights contained in law number 28 of 2014 concerning Copyright.

The moral rights of Performers as referred to in article 21 UUHC include the right to:
a. his name is listed as Performer, unless otherwise agreed; and
b. No distortion of the work, mutilation of the work, modification of the work, or other things that are detrimental to one’s honor or reputation unless otherwise agreed.

Performers’ economic rights as referred to in article 23 of the UUHC include the right to carry out themselves, give permission, or prohibit other parties from doing:
a. Broadcasting or communication of Performers’ performances;
b. The fixation of the show that hasn’t been fixed;
c. Reproduction of the fixation of the performance in any way or form;
d. The distribution of fixations of performances or copies thereof;
e. rental of fixations of performances or copies thereof to the public; and
f. the provision of fixation shows that can be accessed by the public.

This right must be considered because actors have a very important role in a film. Experienced producers will pay attention to the moral and economic rights of actors and make written agreements. Apart from being a sign of the professionalism of a producer, paying attention to the moral and economic rights of the actor and making a written agreement will prevent the producer from things that can harm the film.

Undang undang nomor 28 tahun 2014 tentang Hak Cipta


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