Akibat hukum perjanjian lisensi hak siar yang masih dalam proses pencatatan = Legal effect of licensee agreement during register process
Total View This Week0
Total View This Week0
Institusion
Universitas Pelita Harapan
Author
Zakharia, Owen
Subject
K Law (General)
Datestamp
2020-08-05 05:40:48
Abstract :
LicenseeAgreement is a form of agreement that is used by parties to regulate legal relation between licensor and licensee. Licensee Agreement is a way to delegate some of copyrights or neighboring rights. According to Article 83 (1) , (4) Law No. 28 of 2014 (UU Hak Cipta), Licensee Agreement which contain copyrights or neighboring rights must be registered to have binding power to third parties. But, according to Article 62 (4) indicates that the registration isn?t requirement for getting copyrights or neighboring rights. Another problem is the source of copyrights and neighboring rights isn?t come from registration, it comes from declaration principle. These problem cause confusion over the binding power of unregistered and licensee agreement which is still on register process. This research uses the Normative Legal Research method in which this study will examine some written regulations regarding license agreement , copyrights , and neighboring rights. This research is using Case number 10/HKI.HAK CIPTA/2016/PN.Niaga.SBY to fully understand everything about licensee agreement. The results of this study indicate that license agreements, copyrights and neighboring rights precisely broadcasting rights in Indonesia are protected by Law No. 28 of 2014 (UU Hak Cipta), Law No. 32 of 2002 (UU Penyiaran) and KUHPerdata concerning license agreement, broadcasting rights. This research also indicates that, Licensee Agreement which is still on register process must have binding effect to parties, and third parties. Because the binding power of copyrights or neighboring rights isn?t come from registration, it comes from declaration principle.
LicenseeAgreement is a form of agreement that is used by parties to regulate legal relation between licensor and licensee. Licensee Agreement is a way to delegate some of copyrights or neighboring rights. According to Article 83 (1) , (4) Law No. 28 of 2014 (UU Hak Cipta), Licensee Agreement which contain copyrights or neighboring rights must be registered to have binding power to third parties. But, according to Article 62 (4) indicates that the registration isn?t requirement for getting copyrights or neighboring rights. Another problem is the source of copyrights and neighboring rights isn?t come from registration, it comes from declaration principle. These problem cause confusion over the binding power of unregistered and licensee agreement which is still on register process. This research uses the Normative Legal Research method in which this study will examine some written regulations regarding license agreement , copyrights , and neighboring rights. This research is using Case number 10/HKI.HAK CIPTA/2016/PN.Niaga.SBY to fully understand everything about licensee agreement. The results of this study indicate that license agreements, copyrights and neighboring rights precisely broadcasting rights in Indonesia are protected by Law No. 28 of 2014 (UU Hak Cipta), Law No. 32 of 2002 (UU Penyiaran) and KUHPerdata concerning license agreement, broadcasting rights. This research also indicates that, Licensee Agreement which is still on register process must have binding effect to parties, and third parties. Because the binding power of copyrights or neighboring rights isn?t come from registration, it comes from declaration principle.
Download
book
BibTex
Latex, Jabref
cloud_download
Original Resource
url resource Institution
