LMKN Proposes Dissatisfied Parties With Copyright Law And Right Path Travel Royalties
Complaints against the weak Copyright Law (UU Hak Cipta) are often voiced by songwriters. They feel that their rights are not protected, especially for royalty matters.
Responding to this, Marcell Siahaan as the Commissioner of the National Collective Management Institute (LMKN) who is often the target of criticism said that many statements were actually wrong.
Marcell is aware that Law No. 28 of 2014 concerning Copyright still has weaknesses, but that does not mean that LMKN as an institution that is mandated to collect royalties from performing rights can be blamed. He suggested that those who are not satisfied with the Copyright Law take the legal route that has been provided.
"If you want to do something with the law, try it in the right and according to the law as well, try to the Constitutional Court," said Marcell Siahaan at the LMKN Office, Kuningan, South Jakarta last week.
"Because if we just scream outside, we (LMKN) are just lawbreakers," he continued.
Sementara itu, terkait pendistribusian royalti performing rights yang dirasa kurang tepat oleh para penulis lagu, pihak LMKN juga meminta agar keluhan tersebut disampaikan kepada Lembaga Manajemen Kolektif (LMK). Pasalnya, LMK lah yang mendistribusikan royalti kepada para penulis lagu yang menjadi anggotanya.
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Marcell also requested that all songwriters register at 15 official LMKs, because this route has been determined by the positive law in force in Indonesia.
"If you want to get a performance rights, in Article 87 paragraph 1 (the Copyright Law), register yourself with the LMK, because that's the mechanism. Why should it come from there? Why not direct licensing? Yes, that's the rule," said Marcell Siahaan.
"Where does that rule come from? From international conventions. We ratify all international conventions in this law, while still looking at the conditions that exist here," he said.