E ISSN: 2583-049X
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International Journal of Advanced Multidisciplinary Research and Studies

Volume 5, Issue 3, 2025

Legal Certainty Principles of Film Copyright Guarantee in Credit Agreements



Author(s): Dinda Daniswara Defitri, Rahmadi Indra Tektona, Nuzulia Kumala Sari

Abstract:

Financial institutions use intellectual property rights as objects of debt collateral in the form of fiduciary guarantees for intellectual property rights, including copyright. This is done to obtain additional capital from financial institutions and gain trust from investors. IPR as an object of debt collateral in the form of fiduciary guarantees made and registered by a notary. OJK's support is reflected in the synergy between OJK and related institutions, creative economy actors and the banking industry. The existence of new regulations regarding Copyright can be used as an object of Fiduciary Guarantee. OJK has also sent letter No. S-12/D.03/2022 on September 2, 2022 to all conventional commercial banks. The letter in question is an affirmation and support from OJK in the practice of using IPR as credit collateral by banks. Based on the explanation, it can be seen the importance of legal certainty regarding the financing of intellectual property rights as an object of collateral in financial institutions. The type of research used in this article is normative juridical (legal research), with the problem approaches used, namely First, Legislation Approach, Conceptual Approach, Comparative Approach. The legal materials used are primary book materials, secondary legal materials, and non-legal materials. The collection of legal materials used in this writing with library techniques. Then analyzed with qualitative analysis. The results of the study show that IPR has great potential as an object of fiduciary guarantee because of its significant economic value. Although it is legally possible, it is still necessary to strengthen regulations and develop clearer mechanisms to ensure legal certainty in practice. The right to guarantee IPR has significant legal implications for third parties, especially in terms of transparency, priority of claims, and legal protection. In order to create legal certainty, it is important for all parties, including guarantee holders, third parties, and relevant authorities, to ensure that the registration and implementation procedures for guarantee rights are carried out in accordance with the regulations. And the concept of future regulations must prioritize legal certainty, transparency, and efficiency in the use of IPR as an object of fiduciary guarantee. With the support of comprehensive regulations, an integrated registration system, and extensive education.


Keywords: Copyright, Financing, Legal Certainty

Pages: 1050-1058

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