Jakarta, taixiusunwin Indonesia
–
The National Collective Management Institute (LMKN) clarifies its statement about the screening of the national anthem of Indonesia Raya can also be affected
Royalty
.
The LMKN commissioner in the field of collecting and license, Yessi Kurniawan, said that the song Indonesia Raya was a public domain so that there was no copyright protection for the work.
“Regarding the song [creation] WR Supratman already
public domain
“Yessi said in a statement when contacted on Thursday (7/8).
Referring to Article 58 paragraph 1 of Law Number 28 of 2014 concerning Copyright, copyright protection applies during the life of the Creator and continues for 70 years after the Creator died starting from January 1 the following year.
Because it’s already a status
public domain
, Yessi said that the heir of WR Supratman as the copyright holder of the song would not get economic rights for the use of the national anthem.
“Economic rights do not exist. So, WR Supratman’s creation must still be written as a moral right,” said Yessi Kurniawan.”Everyone can use but no need to pay royalties to its creator.”
In addition, article 43 points a in
Copyright Law
also stated that actions that were not considered as a violation of copyright include “Announcement, Distribution, Communication, and/or Duplicating the State Symbol and National Anthem Songs According to its original nature”.
Then in Article 44, the Copyright Law confirms that the action of use to the doubling of copyright work will not be considered as a violation of copyright if the source is called or stated for a number of needs.
These requirements are education, training, writing scientific papers, security and government administration, lectures with the aim of education and science, and performances or performances that are not collected with the provisions do not harm the reasonable interests of the Creator.
The requirements for using the national anthem are billed by royalties
Even so, the Professor of the Faculty of Law at the University of Padjadjaran who also proclaimed the Copyright Law, Prof. Ahmad M Ramli, said the withdrawal of royalties on the screening of national anthem was actually also possible to be done.
This was conveyed by Prof. Ramli as an expert witness in the material trial of Law Number 28 of 2014 concerning Copyright held at the Constitutional Court on Thursday (7/8) and broadcast on YouTube.
“The national anthem, in Singapore, may be commercialized. But those who are obliged to pay are those who commercialize it, and the people are not,” said Prof. Ramli.
Prof. Ramli gives an example for example the national anthem will be delivered in the form of an orchestra and then presented in the event or distributed in the form of a CD, so the multiplier must obtain permission from the government.
“It can be sold actually, because there is no way people might make a very good orchestra of the national anthem if no one is buying,” said Prof. Ramli.
“In Singapore it has started like that, well whether we will lead to there or still we open like this, I think it’s a legal politics that we must understand.”
[Gambas: YouTube]
Examples of royalty calculations
Royalty collection according to the Copyright Law is based on commercial activities by various activities or types of businesses.Each type of business or event already has the provisions set since 2016 in
Ministerial Decree on Royalty Music and Songs for Users
.
If a small cafe A with a capacity of 20 seats set songs or music for its customers, then there is a sum of money that must be paid as royalties.The type of business is classified as a restaurant & cafe that will have a tariff of Rp120 thousand per seat per year for payment of the Creator Rights and related rights, in accordance with the provisions of LMKN.
By counting the number of seats of 20 units, the royalty payment per year to be paid by Cafe A is Rp2.4 million.The bill is still in the form of estimates and does not include tax.
(end)
[Gambas: taixiusunwin video]
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