ARCHIVES
VOL. 7, ISSUE 3 (2025)
Reconstruction of the regulation on royalty management of copyrighted works and the economic utilization of orphan works
Authors
Agung Damarsasongko
Abstract
Copyright of Works Whose Creators Are Unknown is Held by the State for
the Benefit of the Creator, yet there are no technical provisions regulating
how the State should implement this mandate. As a result, copyrighted songs,
and/or music whose creators are unknown remain freely usable for commercial purposes
by any party without royalty payments. In relation to this issue, the following
research questions are formulated, how is the implementation in Indonesia and
several other countries regarding the management of royalties for copyright
works whose creators are unknown? How should the regulation of copyrights for
works with unknown creators be reconstructed? This research is normative in
nature, utilizing secondary data supported by primary data. The findings of
this research are No Mechanism for State's Role in Holding Copyrights with
Unknown Creators, Article 39 of Law Number 28 of 2014 on Copyright states that
the State holds the copyright of works with unknown creators. However, No
Designated Institution Responsible, when the State holds such copyright, its
position should be equivalent to that of a copyright holder as referred to in
Article 9 of Law No. 28 of 2014 on Copyright. The State may delegate authority
to a specific institution to manage royalties for works whose creators are
unknown, No Central Database of Orphan Works, Indonesia currently does not have
a data system to document copyrighted works, including orphan works. To address
the above issues, a reconstruction of the regulation related to works with
unknown creators is required, which includes establishment of a Specialized
Institution, a dedicated agency or team needs to be formed to strengthen the
role of the State in managing royalties for orphan works, development of a
Clear and Transparent Mechanism, there must be regulations outlining a detailed
mechanism for royalty management, including the process for identifying works
with unknown creators, development of a Comprehensive Central Database, a
comprehensive database is essential to document all copyrighted works,
especially those with unidentified authorship.
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Pages:10-14
How to cite this article:
Agung Damarsasongko "Reconstruction of the regulation on royalty management of copyrighted works and the economic utilization of orphan works". International Journal of Law, Policy and Social Review, Vol 7, Issue 3, 2025, Pages 10-14
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