COPYRIGHT GOVERNANCE CYCLE (BOOK) AND THE IMPLICATIONS: THE AUTHOR’S PERSPECTIVE

Author: Prof. Dr. Budi Agus Riswandi, S.H., M.Hum. [2]

Introduction

The Law no. 28 of 2014 on Copyright which replaces Law no. 19 of 2002 on Copyright has given birth to new hopes for book writers regarding the legal and economic benefits that will be obtained. [1] As for the legal benefits, which is in the form of more effective copyright protection, [2] while the economic benefits are in the form of opening opportunities to exploit the economic value contained in copyright protected book creations.[3]

However, to realize  the book author’s hopes, in not enough through the existence of Law no. 28 of 2014, but it must be supported by the understanding and ability of book authors regarding governance cycle of the copyright (book). The cycle of copyright management (books) when viewed in the from the author’s perspective rests on three main aspects, consist of; creativity, exclusivity and incentives.

Book Copyright Governance Cycle

Copyright is the exclusive right of the creator that arises automatically based on declarative principles after a creation is realized in a tangible form without reducing restrictions in accordance with the provisions of laws and regulations.[4] copyright is an intangible asset.[5] Because copyright can be interpreted as material rights that are intangible, it is not surprising that copyright is needed to be managed.[6] From here, copyright management becomes very important. Copyright governance relies on three aspects, consist of: creativity, exclusivity and incentives for works. These three aspects in their relationship occur in the form of cycles. The copyright management cycle starts with creativity, exclusivity and incentives for works.

Creativity is the first cycle in copyright governance. Creativity is an opus that has a certain level of originality.[7] As is known, originality is related to whether the creator made the opus or creation. So in this context, judging whether an opus is original or not really depends on the truth of the creators who made the work. There are two possibilities to determine whether an opus is original or not. First, if the authors have strong evidence of having created the opus, then the opus is original; and Second, if some creators have solid evidence and some creators don’t, then some creators who don’t have solid evidence will be considered unoriginal.

From this understanding, for the first determination, it will only result in high and low creativity. If the embodiment is completely different, then the opus will be considered high in creativity, but if the embodiment is the same, then the opus will be considered low in creativity. Meanwhile, if some creators do not have strong evidence, then this will result in copyright infringement of a work.

The second cycle of copyright governance is exclusivity of creation. The exclusivity of an opus or creation is that a opus is created and has met the requirements of fixation, originality and creativity also is present in the fields of science, art and literature, thus automatically giving the existence to copyright. With the existence of copyright, it arises the exclusive rights. This exclusive right contains two kinds of rights, its consist of; moral rights and economic rights. Moral rights are rights inherent in the creator, while economic rights are rights to take economic benefits from creation protected by copyright. In terms of using this copyright, other parties may not use the copyright either without permission or against the law. From this situation, the exclusivity of a work can be realized.

Meanwhile, the incentive creation is a consequence of the creation that contain elements of creativity and exclusivity.[8] The incentives themselves can be in the form of economic value. This economic value can be realized in the form of money. Generally, a copyright protected work can be incentivized if it is done by licensing or trading.[9] From the existence of licensing activities or buying and selling of copyrighted works, it will generate economic value in the form of money. Herein lies the incentive for a work that contains elements of creativity and exclusivity.

After understanding the copyright management cycle, so that the books are also opus, must be approached with copyright governance cycles.[10] As is well known, books basically contain copyright. Therefore, the book should be able to treat the copyright management cycle as well. Book copyright governance cycle can refer to the description above.

Copyright Governance Implications (Books)

Looking at the cycle of book copyright management, this governance is basically very important to ensure the sustainability of the emergence of book works. In addition, the cycle of copyright management of books if implemented by book authors can have moral, legal, economic and social implications.

The cycle of copyright management of the book can have first implications for morals, which can be seen by paying attention to the importance of making books based on the values ​​of originality. By paying attention to the value of originality, the resulting book can be avoided in terms of plagiarism. The act of plagiarism itself is essentially an act that is morally forbidden. Therefore, the cycle of book copyright governance can ultimately have implications for the moral of the author.

The second implication of the book copyright governance cycle has legal implications. With the implementation of a book copyright management cycle, where one of them pays attention to the exclusivity of the opus. Certainly, it will have an impact on effective legal protection of book works. However, the exclusivity of the work confirms to others that the opus may not be used by other parties either without permission or against the law.

Another economic implications are  from the book copyright governance cycle. As is well known, books are opus that can be exploited economically through reproduction, announcements, and adaptations.[11] With the opus of books being exploited economically, economic benefits will be generated by the author. The economic benefits that can be obtained in the form of money are ultimately expected to improve the economic conditions of the writer.

Others implication of the book copyright governance cycle are social implications. The cycle of book copyright governance, if explored further, will also have implications for the relationship between the author and other related parties/stakeholders. With a good relationship between the author and stakeholders, socially the cycle of book copyright governance has presented social implications.

Conclusion

The book copyright governance cycle includes aspects of creativity, exclusivity and incentives. Each of these aspects are related to each other. If the book copyright management cycle is implemented, there will be a continuous process of the book itself. The implications of the book copyright governance cycle are in the form of moral, legal, economic and social implications.

 

References

Arthur R Miller dan Michael H Davis, Intellectual Property Patent, Trademarks, and copyright, St. Paul Minnesota: West Publishing Companym 1984.

David Brainbridge, Intellectual Property, England: Pitman Publishing, 1999.

M Hawin dan Budi Agus Riswandi, Isu-Isu Penting Hak Kekayaan Intelektual di Indonesia, Yogyakarta: Gadjah Mada University Press, 2017.

Robert C. Megantz, How to License Technology, Singapore: John Wiley & Sons, INC, 1996.

Simon Stokes, Digital Copyright Law and Practice, London : Butterworths, 2002.

Yusron Isnaeni, Hak Cipta dan Tantangannya di Era Cyberspace, Jakarta: Ghalia Indonesia, 2009.

Law Number 28 Tahun 2014 on Copyright

Law Number  19 Tahun 2002 onCopyright

 

[1] One of the copyright rules in Law Number 28 of 2014 on Copyright which provides new hope in the form of legal and economic expectations related to the regulation of Collective Management Institutions (LMK). In Law no. 28 of 2014, the issue of LMK has received a detailed and clearer regulation rather than stipulated in Law Number 19 of 2002.

[2] The protection aspects of copyright are moral rights and economic rights. Moral rights are rights inherent in creators in the form of paternity and integrity rights, while economic rights are rights to take economic advantage of the creation which is protected.

[3] David Bainbridge stated that :”Copyright provides a very useful and effective way of exploiting a works economically. It provides a mechanism for allocation of risks and income derived from the sale of the work.” Based on David Brainbridge, Intellectual Property, England: Pitman Publishing, 1999, p. 36.

[4] Article 1 point 1 Law Number 28 of 2014 on Copyright

[5] Article 16 point 1 Law Number 28 of 2014 on Copyright

[6] Copyright management is an integral part of the science of intellectual property management.

[7] Arthur R Miller dan Michael H Davis stated that:”Originality does not imply novelty, it only implies that copyright claimant did not copy from someone else.” Lihat Arthur R Miller dan Michael H Davis, Intellectual Property Patent, Trademarks, and copyright, St. Paul Minnesota: West Publishing Companym 1984, p. 289.

[8] This idea refers to the theory of copyright protection known as the incentive theory. According to incentive theory, copyright protection is an economic incentive given to creators in order to encourage creators to invest time, effort, expertise and all the resources they have for the process of making creativity. Budi Agus Riswandi, “Notes on Management of Copyright Information Management, Copyright Electronic Information and Technology Control Means in Law no. 28 of 2014,” on M Hawin and Budi Agus Riswandi, Isu-Isu Penting Hak Kekayaan Intelektual di Indonesia, Yogyakarta: Gadjah Mada University Press, 2017, p. 125.

[9] Economically exploiting intellectual property including copyright can be done by means of new ventures, acquisitions, joint ventures, licensing, strategic alliances and sales. Robert C. Megantz, How to License Technology, Singapore: John Wiley & Sons, INC, 1996, p. 1-3.

[10] Books protected by copyright are basically an expression of the ideas from literary works, which can be scientific works, poetry, pictures, legends and so on. Literary works that are poured into the form of books include those protected by copyright. However, other works that are protected by copyright are not only literary works, but works in the fields of art and science are also protected by copyright. In the UK works protected by copyright under the Copyright, Designs and Patent Act 1988 (CDPA) consist of: original literary works; original dramatic works; original artistic works; sound recordings, films, broadcasts and cable programmes; and the typographical arrangement of published edition. See Simon Stokes, Digital Copyright Law and Practice, London : Butterworths, 2002, p. 24

[11] This mechanism is known as exploitation of creator rights. Some of the rights of creators whose economic benefits can be withdrawn are: reproduction rights, adaptation rights, distribution rights, performance rights, broadcasting rights, cable program rights, droit de suite, and community borrowing rights. On Yusron Isnaeni, Hak Cipta dan Tantangannya di Era Cyberspace, Jakarta: Ghalia Indonesia, 2009, p. 20-21.