Publisher’s Rights in Intellectual Property

In accordance with Article 40 paragraph (1) letter a of Law no. 28 of 2014 regarding Copyright (UUHC), books are written works that are protected in the fields of science, art, and literature. Copyright holders (creators) have Exclusive Rights to their books, so the creators have Related Rights that arise from Exclusive Rights, one of which is manifesting in different product forms. For example, adapting films from books or translating books into foreign languages. (Article 1 number 5 UUHC)

Book Publishers are institutions that process manuscripts from authors to become ready for print and become book prototypes. Publishers can be divided into 2 (two) namely General Publishers and Special Publishers. General Publishers publish popular books or scientific works in general, while Special Publishers publish special books such as textbooks, religious books, medical books, law books, etc.

To be able to publish a foreign book or its translation, the Publisher must have a license for the book from the Author or Related Rights Owner. From this license agreement, Publisher will know its rights and obligations as Licensee.

License is a written permission granted by the Author or Related Rights Owner to another party to gain economic rights over his creation or Related Rights product under certain conditions (Article 1 point 20 UUHC). The granting of a license must use a license agreement (Article 80 paragraph (1) UUHC).

Unless otherwise agreed, Licensee grants Royalties to the Author or Related Rights holders during the License period. The amount of Royalty referred to is based on the License agreement. (Article 80 paragraph (3) and (4) UUHC)

For publishers who really want to facilitate book publishing activities, they must understand the rights and obligations of the publisher itself, especially publishers who hold licenses so that they are not exposed to piracy by irresponsible people.

One published book title can be ascertained through several stages and involves a lot of work in it. Starting from manuscript drafters, writers, editors, book layouts, script checkers to cover designers.

Book piracy from photocopies and irregular sales of e-books are very easy to duplicate. Copyright law protection against e-book piracy is stated in UUHC. UUHC provides legal protection if an idea has been realized into a form. Generally, the form of piracy of literary novels is the e-book version by giving strict sanctions in the form of imprisonment for a maximum of 4 (four) years and/or a fine of a maximum of Rp. 1,000,000,000.00 (one billion rupiah).

Am Badar & Am Badar as Intellectual Property consultants in Indonesia, have helped many clients both at home and abroad in guaranteeing Intellectual Property rights in Indonesia. Do not hesitate to contact us at marketing@ambadar.co.id if you have further questions regarding Intellectual Property. Our experienced consultants will be happy to assist you.

 

Source:

Law No. 28 of 2014 regarding Copyright

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