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Protection of Performers’ Rights under Indonesian Copyright Law and International Conventions

Part Name
Articles
Title
Protection of Performers’ Rights under Indonesian Copyright Law and International Conventions
Author(s)
Muhammad Hawin
Publication Year
1-Jun-2018
Citation
Vol. 8 Issue. 1, 2018
Keyword
copyright; performer; right; moral; integrity; fixation; audiovisual; protection
Type
Article
URI
http://www.klri.re.kr:9090/handle/2017.oak/6477
Abstract
This paper aims to analyze performers’ rights in Indonesian Copyright Law
compared to some international conventions, namely the Rome Convention,
the Agreement on Trade-Related Aspects of Intellectual Property Rights (the
TRIPS Agreement), the WIPO Performances and Phonograms Treaty (the
WPPT), and the Beijing Treaty on Audiovisual Performances (the BTAP). It
also aims to find out whether or not Indonesian Copyright Law is in line with
the BTAP and to recommend what the country should do when ratifying the
BTAP.
The research uses a normative approach, by way of analyzing certain
provisions in Indonesian Copyright Laws and international conventions and
incorporating materials or information from books, journals and Internet
sources as supporting arguments. The method of analysis is a comparative one.
The paper finds that Indonesia’s Copyright Act of 2002 provided only
minimal rights to performers and was not in line with the TRIPS Agreement
because, unlike the Agreement, the Act did not grant performers protection of
unfixed performance. In relation to performers’ rights, Indonesia’s Copyright
Act of 2014 is better than the Rome Convention because, unlike the
Convention, the Act confers moral rights. Performers’ rights under the
Copyright Act of 2014 are very similar to those in the WPPT. Nevertheless, in
respect of the right of integrity, the Act gives better protection than the WPPT.
The moral rights and economic rights of performers in the Copyright Act of
2014 are quite similar to those in the BTAP. However, as long as the
definition of “fixation” in the Act is not extended to audiovisual fixation, the
Act cannot be understood to grant moral rights and economic rights to
audiovisual performers. Therefore, as the stance of the Copyright Act of 2014
is not yet in line with the BTAP and the current situation in Indonesia is not
ready to protect audiovisual performers, the paper recommends that, when
ratifying the BTAP, the country avail itself of the leniency found in the BTAP
and amend the Copyright Act of 2014 to be in line with the Treaty.
Table Of Contents
I. Background
II. Protection of Performers under International Conventions
A. Protection of Performers under the Rome Convention
B. Protection of Performers under the TRIPS Agreement
C. Protection of Performers under the WPPT
D. Protection of Performers under the BTAP
III. Protection of Performers under Indonesian Copyright Laws
A. Protection of Performers under the Previous
Copyright Act of 2002
B. Protection of Performers under the Copyright Act of 2014
Compared to the Previous Copyright Act of 2002
IV. Protection of Performers under Indonesia’s Copyriht Act of 2014
Compared to International Conventions
V. What Indonesia Should Do When Ratifying the BTAP
VI. Conclusion
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