Book Publishing Agreement with Exclusive Copyright License

Oct 13, 2025 by leolavanderia.com.br 72 views

Legal Protection of Copyright and Publisher Holders: A Study Based on Law No. 19 of 2002

Introduction

As a developing country, Indonesia has the responsibility to protect intellectual property rights (IPR), especially copyright. Unfortunately, copyright violations of books that are detrimental to the Creator and Copyright Holders still often occur. To protect their rights and encourage the spirit of work in the fields of science, art, and literature, Law No. 19 of 2002 concerning Copyright (UUHC) is present as a legal umbrella. In this article, we will discuss the legal protection of copyright and publisher holders in publishing books, with a focus on Law No. 19 of 2002.

The Importance of Copyright Protection

Copyright, as part of IPR, has the potential to provide economic benefits for the Creator and the State. Therefore, it is essential to understand the forms of book publishing agreements between copyright holders and publishers, which are one form of legal protection in the field of copyright. The protection of copyright is crucial to encourage creativity and innovation, as well as to promote the development of science, art, and literature.

Forms of Book Publishing Agreements

UUHC No. 19 of 2002 regulates two types of book publishing agreements commonly encountered:

Book Publishing Agreement with Exclusive Copyright License

In this agreement, the Creator or Copyright holder diverted some of the copyright to the publisher, but still has other rights inherent in the work. This allows the creator to continue to use the results of his work, or even provide similar licenses to other parties. This type of agreement is beneficial for both parties, as it provides the publisher with the necessary rights to commercialize the work, while the creator retains some control over the work.

The Book Publishing Agreement with the Submission of Copyright (Assignment Agreement)

This agreement involves the Creator or Copyright holder who submits all copyrights to the work to the publisher. This is generally done with the aim of publishers to have full control over the commercialization of the work. However, this type of agreement can be risky for the creator, as they may lose control over the work and its commercialization.

Responsibility for Copyright Holders and Publishers

In the book publishing agreement, both parties have important responsibilities. Copyright holders are responsible for the authenticity of the work and ensure that there are no copyright violations of other parties. Meanwhile, the publisher is responsible for the production process, distribution, and promotion of books, as well as ensuring that the book does not violate legal and ethical norms.

Dispute Resolution Mechanism

Disputes in the Book Publishing Agreement can occur due to various factors, such as copyright violations, unclear agreements, or disagreement regarding the distribution of profits. To resolve disputes, UUHC No. 19 of 2002 gave two choices:

Litigation

Disputes are resolved through the court, especially through the Commercial Court which specializes in commercial disputes.

Non-Litigation

The dispute party can choose alternative paths such as arbitration or ADR (Alternative Dispute Resolution) stipulated in Law No. 30 of 1999.

Suggestions and Conclusions

It is essential to socialize UUHC No. 19 of 2002 to all levels of society, especially the creators, publishers, and readers. With a good understanding of the regulation and mechanism of copyright protection, it is expected to create a healthy and fair ecosystem for the creators, so that they are encouraged to continue to work and give birth to quality works.

Recommendations for Future Research

Future research can focus on the following areas:

The impact of UUHC No. 19 of 2002 on the development of science, art, and literature in Indonesia.
The effectiveness of the dispute resolution mechanism in resolving copyright disputes.
The role of education and awareness in promoting copyright protection among creators, publishers, and readers.

Conclusion

In conclusion, the legal protection of copyright and publisher holders in publishing books is a crucial aspect of promoting creativity and innovation in Indonesia. Law No. 19 of 2002 provides a legal umbrella for copyright protection, and it is essential to socialize this regulation to all levels of society. By understanding the forms of book publishing agreements, the responsibilities of copyright holders and publishers, and the dispute resolution mechanism, we can create a healthy and fair ecosystem for creators, publishers, and readers.

References

Law No. 19 of 2002 concerning Copyright (UUHC).
Law No. 30 of 1999 concerning Alternative Dispute Resolution (ADR).
Various books and articles on copyright protection and publishing agreements.

Appendices

A copy of Law No. 19 of 2002 concerning Copyright (UUHC).
A copy of Law No. 30 of 1999 concerning Alternative Dispute Resolution (ADR).
A list of references used in this study.
Frequently Asked Questions (FAQs) on Legal Protection of Copyright and Publisher Holders

Introduction

In our previous article, we discussed the legal protection of copyright and publisher holders in publishing books, with a focus on Law No. 19 of 2002. In this article, we will answer some frequently asked questions (FAQs) on this topic.

Q&A

Q1: What is the purpose of Law No. 19 of 2002 concerning Copyright (UUHC)?

A1: The purpose of UUHC No. 19 of 2002 is to protect intellectual property rights (IPR), especially copyright, and to encourage the spirit of work in the fields of science, art, and literature.

Q2: What are the two types of book publishing agreements regulated by UUHC No. 19 of 2002?

A2: The two types of book publishing agreements regulated by UUHC No. 19 of 2002 are:

Book Publishing Agreement with Exclusive Copyright License
The Book Publishing Agreement with the Submission of Copyright (Assignment Agreement)

Q3: What are the responsibilities of copyright holders in a book publishing agreement?

A3: The responsibilities of copyright holders in a book publishing agreement include:

Ensuring the authenticity of the work
Ensuring that there are no copyright violations of other parties

Q4: What are the responsibilities of publishers in a book publishing agreement?

A4: The responsibilities of publishers in a book publishing agreement include:

Producing the book
Distributing and promoting the book
Ensuring that the book does not violate legal and ethical norms

Q5: How can disputes in a book publishing agreement be resolved?

A5: Disputes in a book publishing agreement can be resolved through:

Litigation (court proceedings)
Non-Litigation (alternative dispute resolution, such as arbitration or ADR)

Q6: What is the role of education and awareness in promoting copyright protection?

A6: Education and awareness play a crucial role in promoting copyright protection. By educating creators, publishers, and readers about the importance of copyright protection, we can create a healthy and fair ecosystem for creators, publishers, and readers.

Q7: How can creators protect their rights as copyright holders?

A7: Creators can protect their rights as copyright holders by:

Registering their work with the relevant authorities
Ensuring that their work is not copied or used without permission
Negotiating fair contracts with publishers

Q8: What are the consequences of violating copyright laws?

A8: The consequences of violating copyright laws can include:

Fines and penalties
Loss of reputation and credibility
Damage to relationships with publishers and other stakeholders

Conclusion

In conclusion, the legal protection of copyright and publisher holders in publishing books is a crucial aspect of promoting creativity and innovation in Indonesia. By understanding the forms of book publishing agreements, the responsibilities of copyright holders and publishers, and the dispute resolution mechanism, we can create a healthy and fair ecosystem for creators, publishers, and readers.

References

Law No. 30 of 1999 concerning Alternative Dispute Resolution (ADR).
Various books and articles on copyright protection and publishing agreements.

Appendices

A copy of Law No. 30 of 1999 concerning Alternative Dispute Resolution (ADR).
A list of references used in this study.