The Government Regulation Number 56 Of 2021 Targets Those Who Use Song And Music For Commercial Needs

Digital music copyright illustration (Pixabay)

JAKARTA - Director General of Intellectual Property (Dirjen KI) of the Ministry of Law and Human Rights (Kemenkumham) Freddy Harris confirmed that Government Regulation (PP) No. 56 of 2021 related to the Management of Song copyright royalties and/or Music only targets those who use songs and music for commercial purposes.

"Commercial necessity means when one earns economic benefits from various sources and is paid. This is what royalties should be withdrawn", Freddy said in an online press conference Friday reported by Antara.

Furthermore, Freddy explained that royalties withdrawn from these commercial users will be paid to the creators or copyright holders of songs and/or music through the National Collective Management Agency (LMKN).

"Reflecting on 2020 when the pandemic, the creators (of the song) should get more royalties because we are all at home accessing entertainment and there is (doing) commercial value. The most important note is that this Government Regulation (PP) regulates commercial use", he said.

This regulation is also a reinforcement of Law No. 28 of 2014 on Copyright (Copyright Law) in protecting the economic rights of creators/copyright holders and owners of related rights products.

As stated in the provisions of Article 9, Article 23, and Article 24 of the Copyright Law, it has expressly stated that the parties who will commercialize a work or related rights product must ask permission from the Creator/copyright holder or the owner of the related product.

"This Copyright Act guarantees the economic and moral rights of the creator/copyright holder, and the owner of the related rights product. The moral right is the song -- who made it until then must not change. While economic rights are a matter of commercial value. It upholds fairness, transparency, and accountability", Freddy said.

"The purpose of this regulation is to protect the rights of creators and owners of related rights, fair in nature. The government only helps the creator to have their royalty rights well-received in accordance with the current fame of their songs, thus causing economic activity in the field of music to squirm. In overseas, music is booming, the musicians can enjoy their royalties, hopefully, it can also be like that here", he concluded.

Previously on March 30, 2021, President Joko Widodo signed Government Regulation (PP) Number 56 of 2021 related to the Management of Song and/or Music Copyright Royalties.

This regulation is present to optimize the function of managing copyright royalties on the utilization of creation and related rights products in the field of songs and/or music, and strengthen the Management of Royalties Copyright Songs and/Or Music about the form of use of public services are commercial in the form of analog and digital.