Choosing a Copyright Assessment Method in Evaluating a Fiduciary Guarantee Object in Indonesia

Abstract

The theorem states that developed countries whose natural resources are unarguable again. Nowadays, the development of a nation is determined by the mastery of science and technology that can generate products and processes that are valuable, economically. Countries in the world are competing to provide facilities to encourage the creative process for inventors to create works in the fields of science, art, literature, and industry. One of easiness is the regulation. Indonesia currently makes a significant breakthrough in the Copyright Act that gives a chance for creators and copyright holders to apply for a certificate of copyright as an object of fiduciary guarantee. However, until today there are not banks or financial institutions that will provide loans with a copyright guarantee. In carrying out the mandate on the Copyright Act Number 28/2014 article 16 paragraph (3) that states copyright certificates can be objects of fiduciary assurance, it is necessary to find a method to estimate or assess the economic value of the copyright. Otherwise, the bank will not give credit. And finally, this provision is worthless as results the state's will to stimulate the creators' creativity is not achieved. This research aims to examine the methods that fit and are implemented in Indonesia. This study uses a normative research method with a statutory approach that uses secondary data as the main data in the form of primary, secondary, and tertiary legal materials to formulate a method of determining the value of a copyright certificate. This research is normative legal research that uses secondary data as the main data, in the form of primary, secondary, and tertiary law materials. The results show that there are three known approaches to estimate the economic value of copyright. The first is the cost approach method, which is an assessment method based on the expenses in developing or creating copyright work or developing a similar product. A second method is a market approach, namely the valuation method by comparing recent sales, transfers, and transactions involving the same assets in the same market. Then, the third is revenue approach methods, namely the approach to determining economic value based on a revenue time to come. Indonesia can choose the market value approach method. The market value approach will succeed in case that the government ensures that there are technical implementing regulations governing the use of copyright as collateral for the debt, mandatory registration of copyright in a public register of works, and an independent copyright assessment agency.