perjanjian lisensi sebagai bentuk perlindungan hak cipta sinematografi di situs streaming
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Institusion
Universitas Wijaya Kusuma Surabaya
Author
PRASASTI, DIKI
Subject
K Law (General)
Datestamp
2021-09-16 07:39:48
Abstract :
ABSTRACT Movies screening and distribution has reached various platforms not only in television and cinema but also on streaming sites, both registered and unregistered. The film's broadcasting rights should be bound by a license agreement as a basis for rights for related rights holders and third parties to broadcasting the movies, however in real life the application of this movies license agreement is either ruled out or implemented but does not comply with legal principles so that the legal strength of the license agreement is in a weak position. This legal research examines the legal aspects of Intellectual Property Rights (IPR) and the legal aspects of agreements with the aim of knowing and understanding and analyzing the cinematographic copyright license agreement regarding how the legal power of the license in protecting cinematographic copyright on streaming sites and what legal action can be take if there is default on the cinematografi agreement on the streaming site. The method used in this paper is a normative legal research method with a conceptual approach and a statutory approach. Based on the results of research and discussion, the conclusions are a cinematographic copyright license agreement made under the hand or in the form of an authentic deed has binding legal force for the parties and can be used as evidence in court as a means of legal protection for the parties as long as it meets the legal requirements, agreement and the principles of contract law in general and in accordance with the legal rules related to copyright, furthermore when there is a legal problem on cinematographic copyright license agreement between the licensor and the licensee such as default, it can be resolved through litigation at the Commercial Court and non-litigation. Keywords : license agreement, cinematographic copyrights, royalty
ABSTRACT Movies screening and distribution has reached various platforms not only in television and cinema but also on streaming sites, both registered and unregistered. The film's broadcasting rights should be bound by a license agreement as a basis for rights for related rights holders and third parties to broadcasting the movies, however in real life the application of this movies license agreement is either ruled out or implemented but does not comply with legal principles so that the legal strength of the license agreement is in a weak position. This legal research examines the legal aspects of Intellectual Property Rights (IPR) and the legal aspects of agreements with the aim of knowing and understanding and analyzing the cinematographic copyright license agreement regarding how the legal power of the license in protecting cinematographic copyright on streaming sites and what legal action can be take if there is default on the cinematografi agreement on the streaming site. The method used in this paper is a normative legal research method with a conceptual approach and a statutory approach. Based on the results of research and discussion, the conclusions are a cinematographic copyright license agreement made under the hand or in the form of an authentic deed has binding legal force for the parties and can be used as evidence in court as a means of legal protection for the parties as long as it meets the legal requirements, agreement and the principles of contract law in general and in accordance with the legal rules related to copyright, furthermore when there is a legal problem on cinematographic copyright license agreement between the licensor and the licensee such as default, it can be resolved through litigation at the Commercial Court and non-litigation. Keywords : license agreement, cinematographic copyrights, royalty
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