Revealing Originality of Song Works: an Analysis to the Copyright Law

The topic of this paper is to describe the defining criteria of originality of song works. The aspect of originality is important to make such work be protected by Copyright Law. In this research, the criteria to define originality are based on certain doctrines and/or theories of originality that may vary case by case. The use of such doctrines and/or theories are necessary, since the stipulations regarding originality in the Indonesian Copyright Act has not been considered suffice. With regard to the song works, the criteria of originality may be different from other works. Therefore, a comprehensive research on the characteristics of song as a work is also important. This research is a qualitative research with prescriptive design. The research depicts the use of certain doctrines and/or theories as supplementary provisions to the Copyright Law in defining the originality of songs, which have specific characteristics resulted from their author's creations and intellectuals

The Effectiveness of National Collective Management Organization Regulation

Law Number 28 of 2014 concerning Copyright in Article 89 provides for two National Collective Management Organizations (briefly referred to as LMKN), both of which represent the interests of Authors and the Owners of Related Rights. Both of the said organizations possess the authority to impose, collect, and distribute royalty obtained from commercial users. The Minister of Law and Human Rights inaugurated commissioners assigned to the said Authors\u27 LMKN and Related Rights LMKN. The LMKN is bound to have an operational effect on previously existing LMKs in Indonesia. Therefore, the objective of this study is to assess whether the existing LMKs feel that their needs are accommodated by the introduction of the LMKN. This research also aims to reveal the causing factors of the conflict which has been occurring between LMK and Authors/ Musicians/Singers, between LMKs, and between LMK and Commercial Users of Songs/Music. This research also aims to elaborate on the existing regulation patterns concerning LMKs worldwide. The research will be conducted by using the normative and empirical legal research method. Normative research will be conducted to examine the normative aspects of LMK and LMKN. On the other hand, empirical research will be aimed at understanding and analyzing the outlook of actors, particularly LMKs existing prior to the 2014 Copyright Law coming into effect. This research is expected to come up with recommendations concerning the regulation of music/song LMKs in Indonesia in the future

Development of Collective Trademark for Batik Industry in Kampung Batik Laweyan (Laweyan Batik's Village), Solo

In the previous research, it was found that the individual trademark system has not been effectively utilized to support the business of batik SMEs, particularly in several Batik industry centers in Java, namely Bantul in Yogyakarta province, Kauman in Pekalongan, and Laweyan in Solo. However, the fact that those SMEs gather in a community, organization, or kinships bring potentials for development of collective trademarks, which can address the problems that individual trademark cannot anticipate. This can also be a strategy to anticipate the free-trade ‘attack,' i.e. imported textiles with batik patterns/motifs; yet not the original Indonesian Batik. Therefore, Indonesian batik SMEs need to be nurtured and encouraged to register their own collective trademarks, and to build their branding infrastructure, through local batik community's standardization, and collective batik labeling. This present research focuses on the development of collective trademark utilization by one long-known Batik community in Solo province, Kampung Batik Laweyan