EFEKTIVITAS PELAKSANAAN PEMBAYARAN ROYALTI TERHADAP PERFORMING RIGHTS DI DAERAH ISTIMEWA YOGYAKARTA

Dyah Permata, SH., MKn

Abstract


Copyright, according to Law of 2002 No. 19, is an exclusive right of creator given by government of Indonesia which contains high economic value due to intellectual creation by persons. Facts in community show that many infringements of copyright done and have achieved dangerous level that can break social structure especially on the creativity of creation. This can be found on the phenomenon of illegal download of ring back tones, MP3/MP4 from internet and other entertaining places which cause high demand of songs or music in the market. Problem occurs when system of royalty payments to creators or copyright holders is not clear. Referring to the above background, problems for research are how effective is royalty payment on the use of musical creations by users at Café, private radio and mobile phone shops? How is mechanism of royalty payment between users and copyright holder on performing rights? And what factors that influence effectiveness of royalty payment?

Research was conducted in Yogyakarta and Jakarta with KCI Foundation in Jakarta, private radio Geronimo, PRSSNI, Bosche VVIP Club, Nadia Selular and Magetan Selular as objects of research. This research is a juridical and sociological research and use analytical, descriptive and evaluative method. Data through questionnaires and interviews were analyzed using descriptive and evaluative method. Primary and secondary data were analyzed simultaneously and then summarized using inductive logic.

Based on research conducted, result shows that respondents have not really filled their obligation to pay royalty on performing rights. Some respondents have awareness to fill their obligation i.e. Boshe VVIP Club while others do it unseriously. They fill their obligation as part of profession organization member only (PRSSNI) such as private radio Geronimo. There are also respondents that don’t fill their obligation i.e. mobile phone shop, Nadia and Magetan Seluler. Mechanism of royalty payment is done and arranged by collecting society/KCI in Jakarta to facilitate collection and calculation of royalty amount. KCI calculates royalty based on right given by copyright holders. Factor that influences respondents to fill their obligation is awareness of users for using people’s creation even though other users fill their obligation due to bond of profession organization rules (Private Radio Geronimo). There are also respondents with low awareness of copyright that use creation for commercial purposes without paying royalty.


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