Hak Cipta dalam Perspektif oleh Budi Agus Riswandi Direktur Pusat HKI FH UII

Summary

In this lecture, Budi Agus Riswandi provides an insightful explanation of copyright law, covering key concepts such as creators, works, and the rights associated with them. He explores the distinction between moral and economic rights, the duration of copyright protection, and the limitations of copyright under specific circumstances. The session also delves into licensing, compulsory licensing, and the role of Collective Management Organizations (LMK) in managing royalties. Additionally, the lecture addresses the transfer of copyright and its use as collateral. This comprehensive overview offers valuable insights into the legal framework that protects creative works.

Takeaways

• 😀 Copyright is an exclusive right granted to creators automatically upon the creation of their works in a tangible form.
• 😀 A creator is anyone who produces a creation in the fields of science, art, or literature, either individually or collectively.
• 😀 A creation is defined as any work produced in the fields of science, art, or literature, which is a product of inspiration, skill, or imagination.
• 😀 Copyright protects works like books, speeches, music, visual arts, and even computer programs.
• 😀 Copyright is not perpetual; it has a limited duration. The standard duration is the creator's life plus 70 years.
• 😀 There are two key types of rights under copyright: economic rights (e.g., reproduction, adaptation, and distribution) and moral rights (e.g., integrity and attribution).
• 😀 Moral rights are inseparable from the creator and cannot be transferred or relinquished.
• 😀 Economic rights include the ability to benefit financially from the work through actions like publishing, reproducing, and distributing it.
• 😀 Copyright protection lasts for a creator’s lifetime plus 70 years for most works, but other works, like photography and computer programs, have different durations.
• 😀 The law allows for exceptions to copyright restrictions, such as using a work for educational or research purposes without violating the rights, provided proper attribution is given.
• 😀 Copyright can be transferred or licensed to others, and it can also serve as collateral for financial purposes through fiduciary guarantees.

Q & A

What is the meaning of 'pencipta' (creator) in the context of copyright?

In the context of copyright, 'pencipta' refers to an individual or a group of people who independently or together create a work that is unique and personal in nature.

What is the definition of 'ciptaan' (work) in copyright law?

'Ciptaan' refers to any intellectual creation in the fields of science, art, and literature, produced through inspiration, thought, imagination, skill, or expertise, and expressed in a tangible form.

What are some examples of works protected by copyright?

Examples of works protected by copyright include books, lectures, speeches, educational tools, music, drama, visual arts, photography, cinematography, and even computer programs.

What are the key elements of a copyright as defined in the script?

The key elements of copyright include: 1) It is an exclusive right of the creator, 2) It arises automatically, 3) It applies to works expressed in a tangible form, and 4) It can be subject to limitations according to laws and regulations.

Who can hold copyright ownership?

Copyright ownership can be held by the creator themselves or by another party who has legally received the copyright from the creator, either directly or through further transfers.

What are the two main types of rights within copyright?

The two main types of rights within copyright are: 1) Economic rights, which allow the creator to profit from their work, and 2) Moral rights, which protect the creator's personal connection to their work, such as the right to integrity and attribution.

What is the difference between economic rights and moral rights in copyright?

Economic rights allow creators to financially benefit from their work through reproduction, adaptation, distribution, and other commercial uses. Moral rights, on the other hand, protect the creator's personal connection to the work and cannot be transferred.

What is the duration of copyright protection in Indonesia under Law No. 28/2014?

Under Law No. 28/2014, copyright protection lasts for the creator's lifetime plus 70 years after their death for works like books, speeches, music, and other similar creations. For other works such as photography or cinematography, the protection lasts for 50 years from the first publication.

What are the conditions under which copyright usage is allowed without infringement?

Copyright usage is not considered infringement if the work is used for educational, research, or governmental purposes, as long as the source is acknowledged and the usage does not harm the creator’s interests.

What is the concept of mandatory licensing (wajib lisensi) in copyright law?

Mandatory licensing allows the use of a copyrighted work for translation or reproduction purposes in fields like education or research, and is granted by the Ministry’s decision upon request, for public interest or academic use.