In June 2024, the Ministry of Law and Human Rights (“Ministry“) passed the Ministry of Law and Human Rights Regulation No. 15 of 2024 on the Management of Royalties for Secondary Licensing of Copyright of Books and Other Literary Works (“Regulation“). This Regulation aims to provide legal certainty for all parties when duplicating books or other literary works in physical, digital, and/or virtual forms.
By way of background, royalties from literary works (“Books“) are compensation paid to the author or copyright holder for the economic rights arising from the use of the Books. The term “secondary use” includes activities such as making copies of the Books or utilising artificial intelligence or AI on the Books. The Regulation covers both commercial and non-commercial reproduction and distribution of Books. Notably, non-commercial uses will fall under the Regulation if they are reasonably detrimental to the legitimate interests of the author or copyright holder.
Before the enactment of the Regulation, although authors and copyright holders were entitled to receive royalties from the secondary use of their Books, they faced significant challenges in actualising these royalties. Consequently, many suffered financial losses. Moreover, this lack of legal protection undermined the value of their intellectual property and prevented them from benefitting from the full economic potential of their Books.
The Regulation marks a significant step forward in ensuring that authors receive fair remuneration for the use of their works.
For more information, click here to read the full Legal Update.
Disclaimer
Rajah & Tann Asia is a network of member firms with local legal practices in Cambodia, Indonesia, Lao PDR, Malaysia, Myanmar, the Philippines, Singapore, Thailand and Vietnam. Our Asian network also includes our regional office in China as well as regional desks focused on Brunei, Japan and South Asia. Member firms are independently constituted and regulated in accordance with relevant local requirements.
The contents of this publication are owned by Rajah & Tann Asia together with each of its member firms and are subject to all relevant protection (including but not limited to copyright protection) under the laws of each of the countries where the member firm operates and, through international treaties, other countries. No part of this publication may be reproduced, licensed, sold, published, transmitted, modified, adapted, publicly displayed, broadcast (including storage in any medium by electronic means whether or not transiently for any purpose save as permitted herein) without the prior written permission of Rajah & Tann Asia or its respective member firms.
Please note also that whilst the information in this publication is correct to the best of our knowledge and belief at the time of writing, it is only intended to provide a general guide to the subject matter and should not be treated as legal advice or a substitute for specific professional advice for any particular course of action as such information may not suit your specific business and operational requirements. You should seek legal advice for your specific situation. In addition, the information in this publication does not create any relationship, whether legally binding or otherwise. Rajah & Tann Asia and its member firms do not accept, and fully disclaim, responsibility for any loss or damage which may result from accessing or relying on the information in this publication.
