10 August 2021
Intellectual Property (IP) is a right obtained from the results of human thought to be able to produce a product, service, or process that is useful for the community. The right to enjoy economically the result of an intellectual creativity. In terms of benefits, KI that has been registered and registered results in the Owner or Rights Holder having exclusive rights to exercise their rights.
Copyright, is the exclusive right of the creator that arises automatically based on declarative principles after a work is realized in a tangible form without reducing restrictions in accordance with the provisions of laws and regulations. (Article 1 point 1 of Law No. 28 of 2014 concerning Copyright (UUHC))
Article 16 UUHC , regulates the transfer of Economic Rights. Explain that Copyright is an intangible movable asset that can be transferred, either in whole or in part because:
- Inheritance;
- Grant;
- Waqf;
- Will;
- Written agreement; or
- Other reasons that are justified in accordance with the provisions of the legislation.
The economic rights to a work remain in the hands of the creator or copyright holder as long as all economic rights are not transferred to the recipient of the transfer of rights to the work. The transferred Economic Rights cannot be transferred a second time by the same Author or Copyright Holder. Regarding moral rights, it does not move as long as the Creator is still alive, but its implementation can be transferred through a will or other justified cause in accordance with the provisions of the legislation. The transfer of Copyright must be clearly written, with or without a notarial deed.
Authors who have not, have, or have not made an Announcement, Distribution, or Communication after the Author dies become the property of the heirs or the property of the beneficiary. However, this provision does not apply if it is done against the law. (Article 19 UUHC).
For heirs, in exercising this special copyright, it must be carried out according to the applicable laws and regulations. This limitation of certain things is done so that the Author, Copyright Holder, or other people who have been given permission to publish or reproduce their creations do not use their rights arbitrarily. If there is no blood family and a living husband or wife, then all the inheritance becomes the property of the state, which is obliged to pay off the debts of the deceased person, as long as the price of the inheritance is sufficient for that. Even though there has been a transfer of Copyright over all creations to other parties and there are people who intentionally and without the rights and approval of the Author violate the moral rights of the Creator,
The procedure carried out by heirs to obtain their rights as heirs is to make an inheritance deed as authentic evidence of ownership of rights accompanied by a death certificate and a certificate of inheritance. The heir as the owner of the Copyright must register it with the Directorate General of Intellectual Property, it must be accompanied by a document regarding the transfer of rights. Documents regarding the transfer of rights by way of inheritance are documents that prove the occurrence of the transfer of rights, namely an inheritance deed made or issued by a notary or official/institution authorized in making an inheritance deed. And every transfer of rights must also be registered with the Directorate General of Intellectual Property and announced in the official Copyright Newspaper.
