In determining whether quoting the other side's creation is a fair use or not, the factors to be considered shall include 1) the amount of the portion used, 2)the substantiality of the portion used, and 3) the nature of the copyrighted work.
Only one item, no.1), affects the formulation of Article 14 a of Undang-Undang Hak Cipta 19S2. This is insufficient. Other shortcomings include the system of payment and time limitation on copyright transfer. If there were not an exact calculation of cassette market in the future, the pay system to apply is royalty as a substitute for a flat fee.
"With regard to the agreement on song copyright transfer, Article 3 part (2) e of Undang-Undang Hak Cipta 1982 states that the agreement must be written and only that which is written can be transferred from the composer to the phonorecord producer. These rights must be defined in the written document. The principle of specification describes the details of the rights of the composer to be transferred.
Concerning time "limitation that was defined in the agreement on the transfer of song copyright between composer and phonorecord producer, the writer supposes that it doesn't conform to Article 11 part (2) of Undang-Undang Hak Cipta 1982 which defines a recorded song as a derivative work that should be protected. The phonorecord producer, therefore, receives a copyright.
There exists a copyright limit between the composer and the phonorecord producer. When a record is finished by the producer, a new copyright emerges. This is a derivative copyright owned by producer on the recording. |