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VOL. 9, ISSUE 5 (2023)
The utilization and legal certainty of copyright as fiduciary guarantee object
Authors
Yustitio Satyawan, Hari Purwadi, Muhammad Rustamaji
Abstract

This research aims to evaluate Article 16 paragraph (3) of the Copyright Law (UUHC) which states that copyright can be used as an object of fiduciary guarantee as well as examine problems regarding determining the economic value or valuation of copyright which is used as an object of fiduciary guarantee, as well as finding legal certainty regarding whether there was a breach of contract by the debtor regarding copyright which was the object of fiduciary guarantee. Data sources use primary and secondary data sources. Research characteristics are normative juridical. This research analysis uses qualitative analysis.

The results show that: First, the mechanism for evaluating the economic value of copyright which is the object of fiduciary guarantees can be carried out by institutions that have competence in their fields such as Apprasial institutions or what are usually called public appraisal service institutions. Synergy is also needed with other institutions such as collective management institutions as the institution that carries out management related to royalties from copyright so that there is legal protection and certainty for both the debtor as fiduciary giver and the creditor as fiduciary recipient, secondly, on the side of legal certainty related to copyright as an object of fiduciary guarantee if there is a breach of contract at the time of implementation agreement, then the object being executed is the economic right, not the moral right of a copyright, this is because only moral rights remain attached to the creator of the work.
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Pages:236-240
How to cite this article:
Yustitio Satyawan, Hari Purwadi, Muhammad Rustamaji "The utilization and legal certainty of copyright as fiduciary guarantee object". International Journal of Law, Vol 9, Issue 5, 2023, Pages 236-240
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