Validity of the Selling Agreement Breaks in Civil Law

Oct 13, 2025 by windailys.com 95 views

Introduction

In the world of intellectual property, the transfer of copyright from creators to other parties is a common practice. One of the most popular ways to achieve this is through a break-up agreement, also known as a "SELL BREAK." This type of agreement requires the creator to hand over their work to the buyer after full payment is made, effectively transferring the economic rights to the work without any time limits. However, the implementation of this agreement often falls short of ideal expectations related to the protection of intellectual property rights. This article will discuss the validity of the Selling Agreement Breaking in the Context of Civil Law, Legal Protection for the Creator, as well as the Analysis of the Constitutional Court (MK) Decision Number 63/PUU-XIX/2021 regarding this matter.

Validity of the Selling Agreement Breaks in Civil Law

The Selling Agreement is a form of a contract that must meet the valid requirements of the agreement according to civil law. In this case, conditions such as agreement, the capacity of the parties, clear objects, and halal causes must be met. In the context of copyright transfer, clarity about the rights and obligations between the Creator and the buyer is very important to prevent disputes in the future. In practice, often the creator is not fully aware of the implications of the surrender of copyright carried out, so that a good understanding of the applicable legal provisions becomes crucial. This lack of understanding can lead to unfair contracts that favor the buyer over the creator, resulting in the creator losing their rights and interests.

Legal Protection for Creators Based on Copyright Law

Law Number 28 of 2014 concerning Copyright provides a legal framework to protect the rights of the Creator. In this law, there are provisions governing the protection of the economic and moral rights of the Creator. However, a break-up agreement can often harm the Creator, especially when they do not get a fair compensation or do not fully understand the consequences of the agreement. Therefore, it is very important for the creator to get information and deep understanding of their rights in the process of transferring copyrights. This includes understanding the concept of copyright ownership, the duration of copyright, and the rights of the creator.

Analysis of MK Decision Number 63/PUU-XIX/2021

MK Decision Number 63/PUU-XIX/2021 is important in the context of legal protection for the Creator. In its decision, the Constitutional Court carefully considered the provisions listed in the Copyright Law, especially those relating to Article 18, Article 30, and Article 122. The Court considered that these provisions were sufficient for the Creator, so that the request for the judicial review submitted was rejected. This shows that the Constitutional Court is very careful in assessing legal aspects related to copyright and creator protection, as well as considering the practice and theory of existing copyrights.

The Importance of Understanding Copyright Law

Understanding copyright law is crucial for creators to protect their rights and interests. The law provides a framework for creators to assert their rights and prevent others from infringing on their work. However, the complexity of copyright law can make it difficult for creators to navigate, especially when it comes to transferring copyrights. This is where the break-up agreement comes in, which can often be used to exploit creators and take away their rights.

The Role of the Constitutional Court

The Constitutional Court plays a crucial role in protecting the rights of creators. In the case of MK Decision Number 63/PUU-XIX/2021, the Court carefully considered the provisions of the Copyright Law and rejected the request for judicial review. This decision highlights the importance of the Court in protecting the rights of creators and ensuring that the law is applied fairly and justly.

Conclusion

From the discussion above, it is clear that legal protection for the creator in the transfer of copyright through a breakdown agreement requires more attention. Although the Copyright Law provides sufficient legal framework, there are still many creators who are not aware of their rights. Through the Constitutional Court's decision, it is hoped that the creators will get a better understanding of the legality and implications of the agreement they sign. For this reason, adequate education and information becomes important so that the creator can protect their work better.

Recommendations

Based on the discussion above, the following recommendations can be made:

Creators should seek adequate education and information about copyright law and their rights.
The government should provide more support and resources for creators to protect their rights.
The Constitutional Court should continue to play a crucial role in protecting the rights of creators and ensuring that the law is applied fairly and justly.

Final Thoughts

The transfer of copyright through a breakdown agreement is a complex issue that requires careful consideration. While the Copyright Law provides a framework for creators to protect their rights, there are still many creators who are not aware of their rights. Through the Constitutional Court's decision, it is hoped that creators will get a better understanding of the legality and implications of the agreement they sign. For this reason, adequate education and information becomes important so that the creator can protect their work better.

References

Law Number 28 of 2014 concerning Copyright.
MK Decision Number 63/PUU-XIX/2021.
Various articles and books on copyright law and intellectual property rights.

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Introduction

In our previous article, we discussed the importance of legal protection for creators in the transfer of copyright with a breakdown agreement. We also analyzed the MK Decision Number 63/PUU-XIX/2021 and its implications for creators. In this article, we will answer some of the frequently asked questions (FAQs) about legal protection for creators in the transfer of copyright with a breakdown agreement.

Q: What is a breakdown agreement?

A: A breakdown agreement, also known as a "SELL BREAK," is a type of agreement that requires the creator to hand over their work to the buyer after full payment is made. This type of agreement effectively transfers the economic rights to the work without any time limits.

Q: What are the requirements for a valid breakdown agreement?

A: A valid breakdown agreement must meet the valid requirements of the agreement according to civil law. This includes conditions such as agreement, the capacity of the parties, clear objects, and halal causes.

Q: What are the rights of the creator in a breakdown agreement?

A: The creator has the right to receive fair compensation for their work, as well as the right to maintain control over their work. However, in a breakdown agreement, the creator may be required to hand over their work to the buyer after full payment is made.

Q: What is the role of the Constitutional Court in protecting the rights of creators?

A: The Constitutional Court plays a crucial role in protecting the rights of creators. In the case of MK Decision Number 63/PUU-XIX/2021, the Court carefully considered the provisions of the Copyright Law and rejected the request for judicial review.

Q: What are the implications of the MK Decision Number 63/PUU-XIX/2021 for creators?

A: The MK Decision Number 63/PUU-XIX/2021 highlights the importance of the Constitutional Court in protecting the rights of creators. It also emphasizes the need for creators to seek adequate education and information about copyright law and their rights.

Q: What can creators do to protect their rights in a breakdown agreement?

A: Creators can take several steps to protect their rights in a breakdown agreement. These include seeking adequate education and information about copyright law and their rights, negotiating fair compensation, and maintaining control over their work.

Q: What are the consequences of not understanding copyright law and the rights of creators?

A: Not understanding copyright law and the rights of creators can have serious consequences, including the loss of rights and interests. It can also lead to unfair contracts that favor the buyer over the creator.

Q: What is the importance of understanding copyright law and the rights of creators?

A: Understanding copyright law and the rights of creators is crucial for protecting their rights and interests. It can also help creators to assert their rights and prevent others from infringing on their work.

Q: What resources are available to help creators understand copyright law and their rights?

A: There are several resources available to help creators understand copyright law and their rights. These include books, articles, and online resources, as well as the Constitutional Court's decision in MK Decision Number 63/PUU-XIX/2021.

Q: What can creators do to assert their rights and prevent others from infringing on their work?

A: Creators can take several steps to assert their rights and prevent others from infringing on their work. These include seeking adequate education and information about copyright law and their rights, negotiating fair compensation, and maintaining control over their work.

Conclusion

In conclusion, legal protection for creators in the transfer of copyright with a breakdown agreement is a complex issue that requires careful consideration. By understanding copyright law and the rights of creators, creators can protect their rights and interests and assert their rights and prevent others from infringing on their work.

References

MK Decision Number 63/PUU-XIX/2021.
Various articles and books on copyright law and intellectual property rights.