The Existence of Collective Management Organization for Copyrights Protection: Do Its Roles Applicable for Dance Copyright Work? Ni Ketut Supasti Dharmawan, I Made Sarjana, I Gede Agus Kurniawan, Putu Aras Samsithawrati
Universitas Udayana
Universitas Udayana
Universitas Pendidikan Nasional
Universitas Udayana
Abstract
The purpose of this study is to elaborate on the role of the Collective Management Organization in copyright protection particularly on the collection of royalty fees from the Indonesian legal perspective and to examine its role on dance works that are used commercially through digital media in the tourism sector. This study employs normative legal research with statutory and conceptual approaches. The results of the study show that from its history at the international level, the Collective Management Organization^s role is more focused on collecting royalty fees for music and song creations as a form of reward for the creator^s exclusive rights. In Indonesia, the existence of a Collective Management Organization is regulated under Articles 87 to 93 of Law No. 28 of 2014 on Copyright. Explicitly Article 89 of Law No. 28 of 2014 on Copyright covers the Government Regulation No. 56 of 2021 on Management of Song and/or Music Copyright Royalties which specifically regulates the collection of royalty fees for music and songs. In fact, the Indonesian Copyright Law provides space for Collective Management Organizations to play roles not only for music and songs- but also, for other copyright works, including dances with reference to Article 87 jo. Article 88 (2)(c) of Law No. 28 of 2014 on Copyright, as well as Article 3 (c) of Minister of Law and Human Rights Regulation No. 36 of 2018 on Procedures for Application and Issuance of Operational Permits and Evaluation of Collective Management Organization. Dances also have the potential to be used commercially through digital technology without permission from the Authors or related rights holders. Therefore, it is important to establish a specific Collective Management Organization for dance and other performing arts, considering that the existing Collective Management Organizations only focus on music and songs.
Keywords: Collective Management Organization, National Collective Management Organization, Copyright Protection, Royalty Fee, Dance Copyright Work
