AKIBAT HUKUM PERJANJIAN LISENSI TERHADAP PIHAK KETIGA

English

Abstrak

License agreement is a kind of agreement that is used by the parties to regulate legal relationship between the licensor and the licensee; license agreement must be registered to Minister of Law and Human Rights Affairs in general list of agreement of Copyrights License. Nevertheless what cause problem is that whether license agreement which is made by certain parties shall bind third party when it is not registered yet as in Article 83 Law No. 28 Year 2014 concerning to Copyrights and other legislation law contains nothing which governing license registration procedure.

According to such situation, then the subject matter of this research is (1) How to arrange the procedure of registering broadcasting right license agreement, and (2) What is the effect of license agreement for third party.

Begin from the absence of provision in Article 83 paragraph (4) Law No. 28 Year 2014 concerning to Copyright, therefore this study is using normative legal research. This study approach is using legislation law and analysis of legal concept approach. Legal material source in this research consists of primary, secondary and tertiary legal material. Technique in collecting legal material is by using card system. Analysis technique of legal material used in this study is descriptive technique, interpretative technique, evaluative technique, systematic technique and argumentative technique.

Research result indicates that (1) Registration setting of license agreement regarding broadcasting rights by Director General of Intellectual Property Rights is regulated in Law package of Intellectual Property Rights, where a license agreement is required to be registered to Director General of Intellectual Property Rights which will be then published in General List by paying fee that has set under Ministerial Decree. (2) the unregistered license agreement in Director general of Intellectual Property Rights only binding on the parties that entered into such agreement of which the licensor and the licensee and shall has legal effect to related parties just similar to other civil affair agreement.