The judicial review hearing of Law No. 28 of 2014 on Copyright, Monday (7/25/2022). Photo by Humas MK/Ifa.
Monday, July 25, 2022 | 13:19 WIB
JAKARTA, Public Relations—The Constitutional Court (MK) held another judicial review hearing of Law No. 28 of 2014 on Copyright on Monday, July 25, 2022. The tenth hearing for case No. 63/PUU-XIX/2021, filed by PT Musica Studios, took place in the plenary courtroom and was presided over by Chief Justice Anwar Usman and the other eight constitutional justices.
The justices were supposed to hear the testimonies of expert and witness for Indra Lesmana and Ikang Fawzi as the Relevant Party, but the testimonies were received by the Registrar’s Office late so the hearing was postponed.
“Based on the Registrar’s Office’s report, the written statement by the expert was sent late, so it was accepted but will be heard at the next hearing on Monday, August 8, 2022 with the same agenda—to hear the testimonies of the expert and witness for the Relevant Party Indra Lesmana and Ikang Fawzi. Every party are present except the House and Relevant Party Piyu Padi. The hearing for the Relevant Party’s witness is adjourned until Monday, August 8, 2022 at 11:00 WIB,” said the chief justice.
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The case No. 63/PUU-XIX/2021 was filed by PT Musica Studios, who argues that Article 18, Article 30, and Article 122 of the Copyright Law violate Article 28D paragraph (1), Article 28H paragraph (4), and Article 28I paragraph (2) of the 1945 Constitution.
Article 18 of the Copyright Law reads, “The Works of books, and/or all other written works, songs and/or music with or without text that are transferred in a flat fee agreement and/or indefinite transfers, are to be reverted to the Author when the agreement reaches a period of 25 (twenty-five) years.” Article 30 of the Copyright Law reads, “The economic rights to a Performer’s Work of songs and/or music that have been transferred and/or sold, return to the Performer after a period of 25 (twenty-five) years.”
The Petitioner argued that Article 18 of the Copyright Law had harmed their economic rights of works on which outright buyout agreement applies. The article stipulates a limit of copyright duration on a work, and the copyright shall be returned to the original copyright holder after 25 years. The Petitioner believes the provision is detrimental because they only have a status as a leaser and will have to return the right some time to the creator of the work.
They also argued that they lost economic rights due to the enactment of Article 122 of the Copyright Law, because by returning the copyright to the creator, they cannot receive royalties over another party’s exploitation of a phonogram of the work. Therefore, in the petitum, the Petitioner requested that the Court declare Articles 18, 30, and 122 of the a quo law unconstitutional and not legally binding.
Writer : Sri Pujianti
Editor : Nur R.
PR : Tiara Agustina
Translator : Yuniar Widiastuti (NL)
Translation uploaded on 7/26/2022 14:33 WIB
Disclaimer: The original version of the news is in Indonesian. In case of any differences between the English and the Indonesian versions, the Indonesian version will prevail.
Monday, July 25, 2022 | 13:19 WIB 224