JAKARTA - The chairman of the National Collective Management Institute, Dharma Oratmangun, reiterated his position as an institution that has the right to collect royalties for performing rights in Indonesia.
Summarizing what was stated by Prof. Dr. H. Ahmad M. Ramli, S H, MH, FCBARb. "Ahli from the Government" in the judicial review session of Law No.28 of 2014 concerning Copyright (UU Hak Cipta) on Thursday, August 7, Dharma said that songwriters who have become members of the Collective Management Institute (LMK) cannot apply direct license.
"So those who have strengthened LMK, of course, cannot direct licensing," Dharma told the media crew after the trial.
Dharma requested that songwriters who are adamant want to apply direct license related to royalties performing rights to resign from LMK membership.
"If you want to carry out direct licensing, please leave the LMK and take care of it yourself," he continued. That's an affirmation.
In addition, Bernard Nainggolan as the Commissioner of LMKN believes that his party's presence makes it easier for songwriters to get their rights.
"The songwriter without participating in the LMK or LMKN is very troublesome for him. So, this is purely to help them so that their rights can be fulfilled," said Bernard.
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"I can't imagine if he doesn't enter LMK. Try the logic, he can monitor the exploitation of the song at any time or not? The songs can be played commercially at 2 am, 1 night, should he hang out? And where is he? Do you want to be visited one by one city, "he added.
Bernard added that what is applied in mechanical rights would be different from the performance rights.
For him, for the management of royalties for performing rights, there is no other way than through LMKN and LMK.
"But keep in mind, what we are questioning is the performance rights, not the mechanical rights. So, if the multipliers are indeed contractual," he said.
"So, LMKN exists in that framework, (handling) his limitations (songwriters) in supervising the use of the song. There is no choice for everything without any LMK and LMKN systems," said Bernard.
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