COPYRIGHT AS AN OBJECT OF FIDUSIA GUARANTEE

Intellectual Property Rights (HKI) are intangible objects (the result of human thought that produce a product that is useful for humans), that right to enjoy economically from intellectual creativity, the object of Intellectual Property Rights itself is a work that arises / is born because of the ability . One example of intellectual property rights is copyright.

According to Article 1 point 1 of Law Number 28 of 2014 concerning Copyright, Copyright is the exclusive right of the creator that arises automatically based on the declarative principle after a work is manifested in the form of data without reducing restrictions in accordance with the provisions of legislation. This method of obtaining rights can be done declaratively (first to publish) or constitutive (first to file).

The issuance of the new Law, namely Law Number 28 of 2014 concerning copyright specifically regulates copyright as an object of fiduciary collateral, artists can obtain loans from banks by pledging their work. This is stated in Article 16 paragraph (3) which has a statement, "" Copyright can be used as an object of fiduciary guarantee. but the existence of this Article does not necessarily make banks give loans to artists, these artists must be able to prove or the bank evaluates the copyright whether the song that is the source of the copyright can sell or not. Since based on Article 16 paragraph (4) the provisions concerning Copyright as objects of fiduciary collateral as intended in paragraph (3) are carried out in accordance with the provisions of the legislation.

In fiduciary, the object of collateral is not controlled by the lender (creditu) but is still controlled by the debtor (debtor), and there is no physical surrender. A fiduciary agreement must be carried out in writing which is poured out with a notary deed and must also be registered. Without registration, fiduciary will not be born. in addition, registration is also important if there is a default, that the fiduciary giver is held in copyright and the execution of the economic value of copyright can be done through the Parate executie institution.