Manuscript Title:

SOCIAL FUNCTIONS OF COPYRIGHT: THE DYNAMICS OF BALANCING THE INTERESTS OF THE CREATOR WITH THE INTERESTS OF THE COMMUNITY OF USERS OF THE WORK

Author:

ANWAR, BUDI SANTOSO, SITI MALIKHATUN BADRIYAH

DOI Number:

DOI:10.5281/zenodo.10318055

Published : 2023-12-10

About the author(s)

1. ANWAR - Doctoral Program in Law, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang.
2. BUDI SANTOSO - Lecturer in Law, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang.
3. SITI MALIKHATUN BADRIYAH - Lecturer in Law, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang.

Full Text : PDF

Abstract

The purpose of this study is to analyze: 1) What is the dynamic of the use of works by the community of users of works without the author's permission in Indonesia in relation to the social interests of copyright? 2) To what extent are copyright regulations able to anticipate and overcome the use of works without the author's permission, especially for commercial purposes? 3) What is the ideal regulation in balancing the interests of the creator with the interests of the community that uses the work?. The research method used is normative juridical with a statutory approach, concept approach, and case studies. The results showed that: 1) The term IPR is a translation of Intellectual Property Right (IPR), as stipulated in law Number 7 of 1994 concerning the ratification of the WTO (Agreement Establishing The World Trade Organization). IPR is classified as intangible movable objects. Objects are defined as symptoms of something that can be used as objects of property rights. 2) A copyrighted work is highly protected and cared for by the government. In
addition to the laws described above, Indonesia also still has regulations related to copyright. The regulation is contained in the Government Regulation of the Republic of Indonesia Number 1 of 1989 concerning Translation and / or Reproduction of Creations for the Benefit of Education, Science, Research and Development; Government Regulation of the Republic of Indonesia Number 7 of 1989 concerning Amendments to Government Regulation Number 14 of 1986 concerning the Copyright Board; Government Regulation of the Republic of Indonesia Number 16 of 2020 concerning Recording of Works and Related Rights Products; and Government Regulation of the Republic of Indonesia Number 56 of 202I concerning the Management of Song and/or Music Copyright Royalties. 3) The creator has an exclusive right, namely the right to prohibit other parties from using or utilizing the work without his permission (license), so the general provisions of copyright law explain that parties who use or use the work of others must seek prior approval from the creator or copyright holder, but there are exceptions, namely for the benefit of developing science, education that is not commercial.


Keywords

Social Function, Copyright, Dynamics, Balance, Interests, Creator, Community, User, Creation.