Author(s): I Gusti Ayu Agung Nadia Srutiajayanti, Ida Bagus Wyasa Putra, Nyoman Satyayudha Dananjaya and Desak Putu Dewi Kasih

Abstract: This study intends to examine the legal ramifications in the event that agreements that make copyrighted songs a fiduciary guarantee default, as well as the validity of copyrighted songs as objects of fiduciary guarantees in agreements. This study combines conceptual and statutory approaches with normative legal research methods. Primary, secondary, and tertiary sources of legal materials are the ones that are employed. Argumentative and descriptive analysis techniques are the methods utilized to gather legal material. The results of the study show that musicians have hope for the protection and enforcement of copyrighted works thanks to the Copyright Law's fiduciary arrangements, especially when it comes to financial use through fiduciary commitments. Article 16 paragraph (3) of the Copyright Law states that fiduciary promises may be made pertaining to copyright. Song Copyright must meet a number of requirements in order to be guaranteed as a Fiduciary Guarantee Object, including having economic value, being registered with the Director General of Intellectual Property Rights, still being protected, and being transferable. Under his own power, the Fiduciary Recipient may sell the items covered by the Fiduciary Collateral. In order to execute fiduciary promises, the fiduciary donor must relinquish objects that are the subject of such guarantees. Notification of Implementation is an execution of copyright guarantees, meaning that once the creditor issues a Notification of Implementation due to the debtor's default, the creditor is empowered to exercise all of the debtor's rights and interests in the aforementioned copyright.

Pages: 203-207 | Views: 43 | Downloads: 15

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