Penjaminan Hak Cipta Melalui Skema Gadai dan Fidusia

Abstract

This study focuses on the issues of firstly whether the Intellectual Property Rights (IPR) particularly copyrights can be used as collateral debt/credit? Second, whether the copyright can be used as collateral debt/credit through a scheme of pawn guarantee? and third, whether copyright can be used as collateral debt/credit through a scheme of fiduciary guarantee? This is a normative research with legislation and conceptual approach. The result of the study concluded that first; Intellectual Property Rights (IPR) in particular copyright has been legalized as the collateral object through fiduciary scheme under Article 16 of Law No. 28, 2014. IPR in the form of tangible material can be bound with the pawn and/or fiduciary guarantee. While the Intellectual Property Rights in the intangible or non-material form can only be bound by fiduciary guarantee. Second, the Copyright in the form of material or tangible objects in the perspective of the Guarantees Law can be used as collateral guarantee through the pawn scheme. However, Law No. 28 of 2014 regulates completely about this matter. Third, the Copyright in the form of intangible or immaterial objects in the perspective of the Guarantee Law can be used as the collateral guarantee through fiduciary scheme as stipulated in Article 16 of Law No. 28, 2014. However, the implementation of these rules in the banking sector is still constrained as there has been no revision of the Bank Indonesia Regulation (PBI) No. 9/6 / PBI / 2007 in terms of the bank credit collateral.

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

“…For copyright objects like this, it can only be bound by a Fiduciary Guarantee which includes two types of collateral binding, namely: 1) Copyright Certificate (as Basic Collateral), and 2) License Agreement or Franchise Agreement that can generate royalties (as Additional Collateral). [7] For copyright objects that are tangible (material) and objects (tangible) such as paintings or sculptures can be used as objects of Fiduciary security without having to be accompanied by additional collateral. Paintings or sculptures can also be tied with a pledge if the object of the collateral is kept by the creditor.…”

“…Because the Copyright Certificate is held by the creditor, if the debtor (Copyright Holder) wants to exercise his exclusive rights (such as making a License/Franchise Agreement), the debtor must first obtain permission from the creditor. [7]…”

“…Fiduciary Guarantee Scheme. [7] The chart above describes a fiduciary guarantee scheme with a copyright certificate as the object, starting with the credit agreement as to the main agreement, and then the fiduciary guarantee agreement as an additional agreement. The object of the fiduciary guarantee is in the form of a copyright certificate and a license agreement to see the royalties generated.…”

“…The sale of the objects can be made through public auctions or underhand. [7] Objects that can be used as fiduciary security, of course, must have a measurable value as collateral for the repayment of debts. In this case, copyright as an object of fiduciary guarantee is difficult to measure the value of the right, because what is guaranteed is the intellectual right of the work.…”

Crowdfunding-Based Fiduciary Warrant in Providing Capital Loans for Small and Medium Enterprises

“…Being creative refers to having competencies in inventing objects while being imaginativeness is the capability to develop novels, more sophisticated technology, and designs. 18 People's creativity in intellectual, arts, and literature aspects are protected by IPR in terms of Copyright. Comparably, imaginative competence is protected by Patent, product brand, industrial design, Integrated Circuit Layout Design (DTLST), trade privacy, and Protection of Plant Variety (PVT).…”