In the creative economy industry, copyright infringement is very likely to occur. It is not uncommon for a work to be abused by others for an illegal or commercial purpose without the author’s permission. Therefore, the state through the Directorate General of Intellectual Property provides legal protection of works or creations by recording copyright.
The recording of copyright in work is not an obligation. It is created automatically when the work is created. However, to strengthen ownership of the content, the creative worker or the creator of the work should protect his job by applying to the recording of the work to the Minister of Law and Human Rights. After the application is submitted, the work will be examined and recorded in the public register of the work that is accessible to the general public. Any results of his work from the risk of abuse by other parties. Because these violations could hinder the economic rights of those involved in the birth of a job. So that if one day a violation is detrimental to the creator, the copyright that has been recorded can be used as evidence at trial.
As a right owned by the creator, this right can be transferred or used by another party by giving rewards to the creator for the use of that right, which is called a license. The reward received by the creator is what is known as a royalty. What are the arrangements regarding copyright in What is the difference between transferring copyright and licensing? Check out the explanation below.
Types of Work Protected and Protection Period
The state can protect every work in the fields of knowledge, art, and literature through copyright. This protection has a validity period that varies depending on the type of creation and the type of exclusive rights. For moral reasons, these rights apply indefinitely. While economic rights have different time limits for protection, depending on the kind of creation, as stipulated in Articles 58-60 of the Copyright Law.
Lifelong Creations plus 70 Years
Protection of the works listed in Article 58 paragraph (1) of the Copyright Act lasts for the author’s life and will last for 70 years after the author’s death. These creations include:
- Books, pamphlets, and all other written works.
- Lectures, lectures, speeches, and other similar Creations.
- Props made for the benefit of education and science.
- Songs or music with or without text.
- Drama, musical drama, dance, choreography, puppetry, and pantomime.
- Artwork in all forms such as paintings, drawings, engravings, calligraphy, sculpture, sculpture, or collage.
- Architectural works.
Creations with 50 Years of Copyright
In article 59 paragraph (1) of the Copyright Law states the type of work whose protection is valid for 50 years from the time the announcement is made, including:
- Photography works.
- Cinematographic works.
- Video game.
- Computer program.
- Changes in writing.
- Translation, interpretation, adaptation, pastiche, database, adaptation, arrangement, modification and other practices resulting from the transformation.
- Translation, adaptation, arrangement, transformation or modification of traditional cultural expressions.
- Compilation of Works or data, both in a format that can be read by a Computer Program or other media
- Compilation of traditional cultural expressions
25 years of copyright creation
Article 59, Paragraph 2 of the Copyright Act explains that works in the form of applied works are valid for 25 years. Where copyright protection applies since the first announcement of the rights.
Copyright with unlimited time
Correctly, for traditional cultural expressions held by the state, copyright protection will apply indefinitely.
Can Copyright be Transferred?
In copyright, exclusive rights that can be transferred to other parties are in the form of economic rights over the work. Therefore by having economic reasons, the creator can make use of the work to obtain profits, among others, by publishing works, copying and distributing the works, and performing shows of the works.
The difference in Transfer of Copyright and Licensing
In addition to the transfer of economic rights to a work. The Copyright Law provides another scheme for third parties. Therefore to be able to exercise economic rights overwork without transferring these rights from the creator. This is a scheme, which is written permission granted by the creator. Or the owner of related rights to other parties to carry out economic rights to his creation or product rights related to certain conditions.
Thus, the main difference between the transfer of copyright and the granting of a license lies in the ownership of that right. In transferring copyright, the creator transfers ownership of the economic rights contained in the work.
In making agreements for both the transfer of rights and licensing, you must pay attention to the things listed in the agreement. To avoid various risks that may arise, you can ask for the professional help from LIBERA. Therefore as a legal startup, LIBERA can help you make agreements on the transfer of copyright by recognizing the risks that may occur in the future. Besides, all business agreements made by LIBERA have also used standard law firms. With contract languages that are easy to understand and customize according to your needs. So what are you waiting for? Make arrangements for your business needs right now at LIBERA.