Copyright Royalties Research Articles

Centralized management of copyright royalties: A case study on the National Collective Management Organization for songs and music in Indonesia

Centralized management of copyright royalties: A case study on the National Collective Management Organization for songs and music in Indonesia

Song Copyright Royalties as Distribution Joint Assets in Decision No.1622/ Pdt.G /2023/PAJB Islamic Law Perspective

Song Copyright Royalties as Distribution Joint Assets in Decision No.1622/ Pdt.G /2023/PAJB Islamic Law Perspective

Copyright Content User Licensing Model for Collective Management Organizations in Uganda

Collective Management Organizations (CMOs) negotiate and collect royalties for intellectual works on behalf of its owners. These royalties fund Collective Management Organizations (CMO) activities, with portions going to copyright holders and the government (VAT). Higher education institutions make substantial contributions to copyright as makers and users of copyrighted works. CMOs attempt to collect royalties from these creators in order to preserve their confidence. Throughout the royalty collection process, Collective Management Organizations (CMO) engage with and gather a large amount of user data. This paper suggests a copyright user licensing approach to help Ugandan CMOs manage their licensing operations. The model includes gathering user information, determining requirements, and granting licenses. Data security in the central database is a major concern. Object-oriented programming (OOAD) is used to develop a trial system for user evaluation. The project involved collaboration with CMO staff, copyright users, and IP practitioners across several African countries. Feedback was gathered through interviews, focus groups, and user testing of a system prototype. The tested prototype was assessed for user-friendliness, navigation ease, consistency, usability, task completion time, and information access speed. The study concludes that a copyright user licensing model can improve licensing processes for CMOs and reduce copyright infringement. It further suggests that this model can be adapted for use by other licensing firms and organizations. Keywords: Collective Management Organization (CMO), Copyright user licensing, Copyright royalties, Higher education institutions, IP, Data security, OOAD, Copyright infringement Journal Reference Format: Lyada E , Egho-Promise E. I.,John,K.A. & Mustapha, A.B. (2024): Copyright Content User Licensing Model for Collective management Organizations in Uganda. Advances in Multidisciplinary Research Journal. Vol. 2.No. 4, Pp1-16. Vol. 10. No. 1. Pp 17-40 www.isteams.net/aimsjournal. dx.doi.org/10.22624/AIMS/BHI/V10N1P2

Automated Over-the-Top Service Copyright Distribution Management System Using the Open Digital Rights Language

As the demand and diversity of digital content increase, consumers now have simple and easy access to digital content through Over-the-Top (OTT) services. However, the rights of copyright holders remain unsecured due to issues with illegal copying and distribution of digital content, along with unclear practices in copyright royalty settlements and distributions. In response, this paper proposes an automated OTT service copyright distribution management system using the Open Digital Rights Language (ODRL) to safeguard the rights of copyright holders in the OTT service field. The proposed system ensures that the rights to exercise copyright transactions and agreements, such as trading of copyright, can only be carried out when all copyright holders of a single digital content agree based on the Threshold Schnorr Digital Signature. This approach takes into account multiple joint copyright holders, thereby safeguarding their rights. Furthermore, it ensures fair and transparent distribution of copyright royalties based on the ratio information outlined in ODRL. From the user’s perspective, the system not only provides services proactively based on the rights information specified in ODRL, but also employs zero-knowledge proof technology to handle sensitive information in OTT service copyright distribution, thereby addressing existing privacy concerns. This approach not only considers joint copyright holders, but also demonstrates its effectiveness in resolving prevalent issues in current OTT services, such as illegal digital content replication and distribution, and the unfair settlement and distribution of copyright royalties. Applying this proposed system to the existing OTT services and digital content market is expected to lead to the revitalization of the digital content trading market and the establishment of an OTT service environment that guarantees both vitality and reliability.

Cybersecurity: practices and implementation of song or music copyright royalties on digital platforms in Indonesia

Cybersecurity: practices and implementation of song or music copyright royalties on digital platforms in Indonesia

PELAKSANAAN PENDISTRIBUSIAN ROYALTI PERFORMING RIGHT MENGGUNAKAN TEKNOLOGI BLOCKHAIN

Intellectual Property (“IP”) is an important aspect that must be protected, especially in the business industry. The Copyright Law is a legal umbrella to accommodate an exclusive right of creators, copyright holders and/or related rights holders. The exclusive rights include economic rights, namely the distribution of royalties related to a song announcement, or performing rights. Arrangements regarding the distribution of royalties for performing rights are contained in Government Regulation Number 56 of 2021 concerning Management of Song and/or Music Copyright Royalties, which is carried out by the National Collective Management Institute (LMKN). However, until now there is no sociological fact that shows that the law has been able to accommodate the needs of various groups of people in the realm of distribution of performing rights royalties. Some of these facts include the lack of transparency regarding the distribution of royalties, and the absence of a database to distribute royalties. Then, in order to overcome these various problems, it can be done with.

The Perspectives of Legal Progressivism Concerning Song Royalty Payments

The Royalty is actually an economic right that must be accepted by the creator as a form of respect and reward for a work. In this case, the existence of rules regarding the payment of royalties is important in ensuring legal certainty. Even so, the economic right to pay royalties must also take into account social realities. This is especially the case when cafés are subject to royalty payments for music and songs. Of course, the lack of clarity about the meaning of café makes every coffee shop also have to pay royalties. This research is a normative legal research with legal issues of legal ambiguity on the meaning of café. This research is a juridical-normative research. The research uses two approaches, namely the legislation approach and the concept approach. The legal materials in this study are primary legal materials which include: the 1945 Constitution of the Republic of Indonesia, Law no. 28 of 2014 concerning Copyright, and Government Regulation No. 56 of 2021 concerning Management of Song and/or Music Copyright Royalties. Secondary legal materials include: books, journal articles, to research results. Non-legal materials include language dictionaries. The results of the study confirm that the progressive legal aspect of royalty payments must place royalties not only as a right but also as an effort to promote public welfare. The emphasis on the creator's economic rights in paying royalties is actually contrary to the value of justice from a progressive legal perspective. Thus, the President should revise the PP royalty by providing firm, clear, and limitative information.

All Rights Reserved: Behind the Strategic Copyright of “We Shall Overcome”

AbstractIn 2015, musician and non-profit director Isaías Gamboa and filmmaker Lee Butler sued The Richmond Organization (TRO) and its offshoot Ludlow Music over their copyright to the anthem of the civil rights movement, “We Shall Overcome.” The copyright had initially been registered in 1960 and named four white folksingers: Guy Carawan, Frank Hamilton, Zilphia Horton, and Pete Seeger. Suspicious of the white names on the copyright, Gamboa wanted to liberate the song from what appeared to be corporate control. The suit was ultimately successful and the song was placed in the public domain. However, while Gamboa and Butler celebrated their win in a Manhattan court, activists across the South took it as a loss. Although overseen by TRO and Ludlow, the copyright's royalties had long gone to the Highlander Research and Education Center (formerly The Highlander Folk School), a pre-eminent and decades-old grassroots organizing hub best known for its work with such icons as Rosa Parks, Septima Clark, and Dr. Martin Luther King. The money was housed there in the We Shall Overcome Fund, which had been created by cultural workers of the civil rights movement in collaboration with those named on the copyright to facilitate the redistribution of royalties to Black artist-activists across the South. Far from facilitating theft, the copyright had strategically scaffolded Black-led community organizing for nearly 60 years. This article traces the history and work of this remarkable effort to turn the civil rights movement's anthem into its most lasting cultural tool.

Juridical Reviews of Users of Song Copyright Works are Associated with Government Regulation Number 56 of 2021 Regarding the Management of Song or Music Copyright Royalties

Intellectual property rights (IPR) are rights that arise because of the results of someone's intellectual creativity, provided that they must be in real form, creativity, so that they cannot be just ideas or concepts, which do not have certain physical dimensions. one of the areas of intellectual property rights that get protection is the copyright of the Republic of Indonesia Law No. 28 of 2014 (UUHC 2014) article 1 paragraph (1) concerning copyright is the exclusive right of the creator that arises automatically based on declarative principles after the creation is realized in a tangible form without realizing it according to the provisions legislation. Based on law regulation number 56 of 2021 regarding the management of copyright royalties for songs or music that is legalized by the president, it is necessary to explain about the rules for royalty for song copyrights in Indonesia. pay royalties to the maker. This rule is contained in Article 3 PP of song playback royalties. Songwriters can authorize LMK to manage economic rights in the form of collecting and distributing royalties. Keywords: Intellectual Property Rights (IPR), Music & Copyright.

JURIDICAL REVIEW OF COMMERCIAL USE OF SONG CREATIONS IN RESTAURANTS/CAFES IN THE GOVERNMENT REGULATION NO. 56 OF 2021 ON SONG COPYRIGHT ROYALTIES AND/OR MUSIC

Copyright is a part of intellectual property rights as a result of one's thoughts. Songs are a part of a copyright’s type that has received legal protection from acts harming the songwriter as stipulated in Law No. 28 of 2014 concerning Copyright. Everyone or a business activity such as a restaurant/café is allowed to use a song from a songwriter commercially in public service provided that it meets the specified requirements and mechanisms and the royalties are paid. However, based on the juridical-normative review, both Law No. 28 of 2014 and Government Regulation No. 56 of 2021 do not explain the understanding of commercial use of songs and regarding royalty payment procedures, this issue certainly requires legal certainty. The results showed that First, Government Regulation No. 56 of 2021 has determined the commercial use of songs in public services. But it does not specify and explain the purpose of commercial use of songs in public service, it needs to be clearly regulated for legal certainty. Second, Government Regulation No. 56 of 2021 has determined that everyone, singing songs commercially in public service, must pay royalties. But it is not specified about royalty payment procedures, this needs to be clearly regulated for legal certainty. This research aims to find out how to use songs commercially in Government Regulation No. 56 of 2021 regarding Song copyright royalties and/or music, how to pay royalties based on procedures for the commercial use of songwriting in Government Regulation No. 56 of 2021 concerning Song and/or Music Copyright Royalties. This research used normative legal research – research on secondary data comprising primary, secondary and tertiary legal materials collected through literature review.

PERLINDUNGAN HUKUM HAK PENCIPTA LAGU MELALUI PERAN LEMBAGA MANAJEMEN KOLEKTIF NASIONAL (LMKN) BERDASARKAN PP NO. 56 TAHUN 2021

The authority to withdraw, collect and distribute royalties from the Collective Management Institute and the National Collective Management Institute has a long tail, considering that the LMK in Indonesia itself (Multi LMK). The government ratified Government Regulation Number 56 of 2021 concerning Management of Song Copyright Royalties on March 30, 2021 in order to achieve efficiency in the collection, collection and distribution of royalties. The purpose of this study was to analyze and find out how the role of the National Collective Management Institute in optimizing the management of royalties for the use of creations and related rights products in the field of songs and music. The research method used is qualitative with the type of descriptive research, with the type of empirical juridical research with a focus on examining the rules or norms in the applicable positive law. In collecting data, this study used an observation and interview approach by going through the stages of data reduction, data presentation and drawing conclusions.

Indonesian Legal Protection for Song Commercialization and Music Copyrights in Digital Platforms

The Covid-19 pandemic has accelerated the digital influence on the Indonesian music industry. Music concerts, which are usually held offline with crowds of people, are no longer possible because crowds can make new clusters of Covid-19. The Indonesian music industry needs alternatives to survive the pandemic, and the advance in technology has the solution. Virtual concerts that are broadcasted via digital platforms have started to thrive. They use copyrighted songs and/or music so that royalty payments are made in accordance with the type of use and needs. Unfortunately, the Law Number 28 of 2014 on Copyright and the Government Regulation Number 56 of 2021 on the Management of Song and/or Music Copyright Royalties do not regulate the use in detail and specific manners. Therefore, the industry actors have not found the right payment formula for the economic rights royalties. The absence of regulations certainly does not reduce the user’s primary obligation to obtain a songwriter's permission and pay royalties for song and/or music copyrights. The fulfillment of the obligation to pay royalties must still be accomplished with due regard to applicable provisions. This study examined the problems with a normative juridical method. It considered the practices and customs that apply in Indonesia. It also generated some perspectives from relevant stakeholders.

ANALISIS PENERAPAN PEMBAYARAN ROYALTI HAK CIPTA LAGU PADA USAHA HIBURAN KARAOKE (Studi Kasus Orange Family Karaoke)

Abstract Karaoke places are in great demand from various circles. All karaoke places have the same goal, which is to provide entertainment for the family or take a moment to unwind from the daily routine. Karaoke places always serve songs with various choices from all the creations of Indonesian singers. But of course the songs that are served have been licensed first. Regarding this license, basically it must be agreed by both parties without coercion. Copyright protection, especially for music or song creations, is a serious problem. This situation shows that there is still a need for stricter legal protection regarding the protection of royalties on a song or music copyrighted work and the protection of the rights contained therein. The purpose of the study was to determine the implementation of copyright royalty payments on songs between the creator and karaoke entertainment business actors and the inhibiting factors for the payment of copyright royalties on songs between the creator and performer in karaoke entertainment at Orange Family Karaoke. The method used in this research is empirical juridical. The data that has been systematically arranged were analyzed qualitatively. The results showed that the distribution of royalties is managed by the Collective Management Institute (LMK). The institution is authorized by the creator to exercise the economic rights of the creator. The barrier to royalty payments is due to the lack of socialization and understanding of royalty payments and the high cost of royalty payments. Keywords: Royalty, Copyright, Karaoke

Borrowing trouble? The impact of a systematic review service on interlibrary loan borrowing in an academic health sciences library.

Background:With the mandate to review all available literature in the study's inclusion parameters, systematic review projects are likely to require full-text access to a significant number of articles that are not available in a library's collection, thereby necessitating ordering content via interlibrary loan (ILL). The aim of this study is to understand what effect a systematic review service has on the copyright royalty fees accompanying ILL requests at an academic health sciences library.Case Presentation:The library created a custom report using ILLiad data to look specifically at 2018 ILL borrowing requests that were known to be part of systematic reviews. This subset of borrowing activity was then analyzed to determine its impact on the library's copyright royalty expenditures for the year. In 2018, copyright eligible borrowing requests that were known to be part of systematic reviews represented only approximately 5% of total filled requests that involved copyright eligible borrowing. However, these systematic review requests directly or indirectly caused approximately 10% of all the Spencer S. Eccles Library copyright royalty expenditures for 2018 requests.Conclusion:Based on the sample data set, the library's copyright royalty expenditures did increase, but the overall financial impact was modest.

Partially Engaging: Copyright Royalties in Semi-Interactive Streaming Services

This paper examines the current system governing sound recording royalty rates, and suggests reforms to help the digital music economy adapt to the Internet age and the advent of a wide variety of music streaming services. First, it summarizes the current copyright royalty system for music streaming services, and describes the existing oversight for copyright streaming royalty rates and the statutory treatments of different streaming services. Next, it considers how certain statutory royalty rates are assessed under the Canadian equivalent of the American system, and proposes two options for reform that would help shape the law to foster the evolving market in music streaming services: the introduction of a mid-tier class of semi-interactive streaming services, and/or the replacement of the voluntary licensing deals for interactive services with a statutory license akin to that applicable for the noninteractive market. While significant barriers in the market stand in the way of such reforms, they are not as drastic as they initially appear, and in fact, Canada has adopted both reforms in its domestic system. Ultimately, the disparity between the statutory framework and the realities of the digital music economy will continue to diverge until reform is made; to reject proposed reforms on the grounds of some market opposition, or to insist on holding out for a flawless, idealized option for reform to emerge, would merely make the perfect the enemy of the good.

Distribution Of Unmatched Accrued Royalties Under The Music Licensing Modernization Act Of 2018

This article examined the legal and economic implications of the vast sum of unpaid royalties resulting from the use and streaming of copyrighted musical works that is currently waiting to be distributed, as well as the implications of the reforms passed as part of Title I of the Music Modernization Act of 2018, the Music Licensing Modernization Act of 2018. First, it provides an overview of the relevant legal provisions and the economic system they support — copyright basics, the copyright royalty system, and the Music Licensing Modernization Act — and then assesses the scope of the problem facing unidentified copyright owners within this framework. Then, it discusses the means by which the Music Licensing Modernization Act proposes to distribute these unpaid accrued royalties, as well as other proposals for how such payments could be structured to reflect the composition and relative power dynamics of the sound recording market. While the provisions enacted by the Music Licensing Modernization Act are a noble start and provide a helpful first step in improving the mechanical license market for musical works, in the long run, further reform is necessary to ensure a more equitable form of remuneration to all stakeholders in the music copyright market.

Copyright Law Protection Competence in Paying Royalty as Exclusive Rights Substance

Copyright is considered as a moving and intangible object; therefore, a copyright devolution cannot be done verbally but must be with an authentic deed or Underhand deed. Problem Identification: 1. How does the song copyright devolution mechanism make economic interest for a composer or Copyright Holder? 2. What is the system of song copyright royalty payment in Indonesia? and 3. What should be done by the parties to resolve the royalty payment execution dispute? It is a normative juridical method that must be used. Research Result: It is true that copyright license mechanism, fee retaining or royalty payment is considered as logic consequences that must be done by a licensee over a licenser (Copyright holder). It is because the licensee gets material profits due to the economic rights exploitation over the copyright itself. There are many varieties or different ways of compensation payment system or indemnification from the licensee to the licenser over one copyright object to another, for instance in song/music is known two different ways such as royalty and flat systems, while in music or song is known several ways, namely by percentage system, period system, profit sharing system, compensation or copyright selling system. Royalty payment dispute resolving may come in many ways, and, generally, the dispute resolving forums are available into two forms, such as litigation forum through courts and non-litigation forum out of court.

Penyelesaian Pembagian Hak Cipta Dan Hak Atas Merek Sebagai Harta Bersama Dalam Perceraian Islam

Assets generated in marriage are referred as joint assets or marital assets. Joint assets can be in the form of tangible or intangible objects. By using a descriptive method and a statutory approach, this normative legal research aims to analyze the following problems: first, do the copyright and trademark rights generated in a marriage qualify as joint assets according to Islamic law of marriage? Second, how to resolve the distribution of copyright and trademark rights as joint assets in divorce based on Sharia? The results of the research conclude that first, copyright and trademark rights as intangible objects become joint assets if the rights are generated in marriage, even though they are only registered in the name of either husband or wife. Second, in the event of a divorce, the copyright royalty and the right to the mark may become the object of shared joint assets, in which the royalty will be divided by two or based on the considerations of the roles and responsibilities of husband and wife during marriage.

Standardization, Open Source, and Innovation: Sketching the Effect of IPR Policies

Open Source and standardization can be described as two ‘stewards of innovation’ (Kapos 2017). Although practically two different ecosystems with a diverging set of rules and objectives, they, however, meet in their purpose to push the frontier of innovation. The latest technological developments are increasingly incentivizing firms and individuals participating in these ecosystems to work more closely together. However, under whose rules? And with what consequences for the innovation ecosystem? In this contribution, I try to sketch answers to these and related questions with the focus on IPR policies of two ecosystems. Based on the outlined trade-offs, a number of specific points are offered. First of all, patent and copyright royalties may discourage use of standards within Open Source projects. For patent royalties, these effects can be also addressed outside of the standardization process by means of defensive and licensing patent pools or aggregated individual commitments. It depends on the cost and benefits of a particular project whether such solutions should be in-built ex-ante or created externally ex-post. Second, Open Source licenses with royalty-free patent grants might accelerate diffusion of specifications, especially if done within the reference implementations of SDOs, and encourage a new set of innovators to join the process. At the same time, it might discourage a set of pure R&D firms which heavily rely on royalties to recoup the investment. SDOs steering the process might want to consider the likely pool of innovators on both sides when launching a project. Third, given that we observe that both royalty-free and royalty-bearing layers are able to sustain innovation investments in the ICT, none of two approaches seems inherently superior. However, the choice can influence the make-up of innovators and technological trajectories. From this perspective, they both have their place in the innovation ecosystem. SDOs should, therefore, promote a choice between them on a project basis.

Copyright Royalty Regulation and Competition in the Music Retail Market

Price control can restore efficiency in some cases, but an uncarefully designed policy fails to restore efficiency, yields side effects, or even exacerbates efficiency losses. This paper shows that the copyright royalty rule, which takes the greater of ad valorem royalties and perunit royalties, tends to fix the prices of final goods at a specific level. Such a rule weakens competition as it prevents prices from decreasing even when market conditions change, having negative effects on social welfare as well as consumer surplus. Counterfactual analyses using estimation results in the Korean online music service industry show that firms could have profitably reduced prices if the ad valorem rule had been applied instead, although they did not have an incentive to do so under the original combination rule.