Minister of Law and Human Rights (Menkumham) Amir Syamsuddin said the Copyright Act endorsed by the House of Representatives, Tuesday (16/9). Plenary assembly ratified the draft of Copyright Act, to replace the Copyright Act No. 19 year 2002.
In general, this law regulates better protection of the moral rights and economic rights of copyright. “Copyright legislation is expected to explore the economic potential that is not maximized yet. Such as royalties of music, papers and other copyrighted products,” said Amir Syamsuddin. According to the new provision, he explained, the creators and / or owners of related rights received royalties in return for the creation or related rights products are made in official relations and commercial use.
State provides law protection for copyrighted works that shall be valid for the life of the Author and 70 years after his death.
This rule applies to the 9 types of copyrighted works set forth in article 59, paragraph 1:
1. Books, pamphlets and all other written works.
2. Sermons, lectures, speeches and other similar creation.
3. Visual aid for the purposes of education and science.
4. Song or music with or without text.
5. Drama, musical drama, dance choreography, puppet, pantomim
6. Works of art in all forms such as painting, drawing, engraving, calligraphy, sculpture, statue or kolase.
7. Architecture
8. Maps
9. Work of Batik art or other motif art.
Article 59 also mentions maximum copyright protection of 50 years from the creation published, namely:
1. Photography
2. Photograph / picture
3. Cinematographic works
4. Video game.
5. Computer programme
6. Lay out of paper
7. Translations, interpretations, adaptations, anthologies, databases ,adaptation, arrangement, modification and other works of transformation.
8. Translation, adaptation, arrangement, transformation or modification of traditional cultural expression.
9. Creation or data compilation, either in a format that can be read by a computer program or other media.
10. Compilation of traditional cultural expression as long as the compilation is original work.
The new Copyright Act also makes regulations, that the shopping center management is responsible for the sale and / or the infringement of copyright and / or related rights in their shopping center management. This law also regulates dispute resolution rights of copyright through the process of mediation, arbitration, and the application of offense provisions.
Here are the new things that set forth in the new law :
1. Copyright protection is longer time in line with the application of the rules in various countries so that the term of protection in certain areas of Copyright shall be valid for the life of the author and 70 years after his death
2. Better protection of the economic rights of the creators and / or owners of related rights, includes limiting the assignment of economic rights in sold flat.
3. Effective dispute resolution through mediation, arbitration or litigation, or enforcement of offense to criminal charge.
4. Shopping center management is responsible for the sale and / or the infringement of copyright and / or related rights in the shopping center management.
5. Copyright is an intangible as moving objects that can be used as collateral object of fiduciary.
6. Minister has authorization to remove the copyrights that have been registered, if the creations violate religious norms, moral norms, public order, national defense and security, as well as the provisions of the laws.
7. Creator, copyright holder, the owner of the related rights become a member of Collective Management Institute in order to get remuneration or royalty.
8. Creators and / or owners of related rights get royalties for creation or products related rights that are made in official relation and are used for commercial.
9. Collective Management Institute which serves to collect and manage the economic rights of creators and the owner of related rights shall apply for an operating permit to minister.
10. Filing of copyright and related rights in multimedia tools to respond to the development of technology in information and communication
Source : Detik, Antara News
Written by :
Nadia Am Badar, SH
Prihatin Ningrum, S.Psi
Am Badar & Partners
Jl. Wahid Hasyim No. 14
Jakarta 10340
Indonesia
Phones: 62 21 3983 7314 and 7315
Faxes: 62 21 3983 7319 and 7300
E-Mail: info@ambadar.co.id
Website: www.ambadar.co.id
Am Badar & Partners
Jl. Wahid Hasyim No. 14
Jakarta 10340
Indonesia
Phones: 62 21 3983 7314 and 7315
Faxes: 62 21 3983 7319 and 7300
E-Mail: info@ambadar.co.id
Website: www.ambadar.co.id
