The Urgency of Regulating Resale Royalty Right on Painting Copyrights in Indonesia (Comparative Study of Germany and Australia)

Abstract

The Berne Convention includes provisions for resale royalty rights, which have been adopted by countries worldwide. However, Indonesia has yet to establish a framework for resale royalty rights, leading to suboptimal protection of economic rights for creators of painting works. This study aims to analyze the regulation of economic rights for the resale of painting works under Copyright Law in Indonesia, Germany, and Australia. Additionally, it seeks to identify the urgency of implementing royalty rights resale in the Indonesian Copyright Law. The research utilizes a normative legal approach with a statutory and comparative focus. The findings indicate that Indonesia currently lacks specific regulations for royalty rights resale within its Copyright Law. In contrast, Germany and Australia have incorporated the resale royalty right provisions of the Berne Convention into their respective Urheberrechtsgesetz 1965 and Resale Royalty Right for Visual Artist Act 2009. The creators of painting works deserve royalty rights on the resale of their works to enhance their well-being and secure benefits for their heirs. Therefore, it is crucial for Indonesia to adopt legal practices regarding royalty rights resale based on the experiences of Germany and Australia. Recognizing the advantages of implementing royalty rights resale, it becomes evident that such regulations are essential in Indonesia. To protect the economic rights of creators of painting works adequately, Indonesia should consider incorporating provisions for royalty rights resale in its copyright law reform. This will not only strengthen the legal protection of creators but also promote the growth of the artistic community in the country.