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WHAT IS ENTERTAINMENT LAW ?
Oleh : Dedy Kurniadi
DEDY KURNIADI & CO, LawyersIn Indonesian law, the term Entertainment Law is totally unrecognized. We are familiar to criminal law, civil law, and other law either in education law or in implementation of law; however, we are never acquainted with Entertainment Law.
Indonesians, before, were not familiar to what is called as Business law, but since the-90s, the Business Law is recognized and accepted until present time. The complexity of legal aspects which plays a role in business world makes it able to be approached, not only by one legal aspect, but also by various aspects. The approach from diverse legal aspects is what is frequently referred as Business Law.
And, reasonably, it appears to be so for Entertainment Law. The Americans call it “Entertainment Law”. The complex entertainment business should be approached from various legal aspects at one time. This approach is what is called as “Entertainment Law”. Donald E. Biederman describes it as a combination (amalgamation) of assorted legal aspects such as copyright, trade-mark, privacy, publishing, contract, and also other various aspects of Administrative Law and Anti-Trust Law. Either in handling transaction or entertainment suits, the various legal aspects which have to be applied at the same time will occur.
That experience is what I had been through when, in the year 2001, of approximately 3 years being the permanent legal consultant for the quiz program Who Wants to be a Millionaire in Indonesia. When dealing with the quiz, I experienced numerous legal aspects which were applied either in the preparation, execution or at the time the complaint or suits took place. And so does other entertainment project that I handled. It is impossible to finish the legal aspect of Entertainment Law with a traditional approach without implementing various legal aspects at a time.
The role of Entertainment Law is to be applied either in transaction or suits of entertainment business. In the world of film, the legal assistance is needed since a film is still in the form of an idea and how to make a transaction out of it as a creation. Then, how about the copyright protection towards the film. Prior to that, a set of artist, producer, director and even film-setting contract need to be made. On the other hand, in the world of music, the arrangement has been started even before the band is agreed. Recording, tour and merchandising contracts need to be designed. Of course the abovementioned needs to be arranged and sometimes a suit about exploitation of songs occurs.
The characteristic of Entertainment Law is the deep comprehension towards the entertainment business. The Entertainment Lawyers should dive into the characteristic in order to help clients. Without any ample knowledge of entertainment business, the implementation of law in entertainment transaction otherwise will obstruct the business.
To assist the broadcasting right transaction effectively, we had better understand all things related to television complete with the rating calculation. To set up a set of film contract mandates us to figure out anything which is in connection with the film production. To be the lawyer of a band certainly should follow the development of music business.
The development of Entertainment Law outside of Indonesia is very significant along with the momentum of the growth of entertainment business. The development of entertainment and broadcasting law in Indonesia indicates that the Entertainment Law will play a big role. The creator, artist, even some entertainment businessmen need to gain support and clear information about what kinds of transaction they are dealing with and what the legal solution is provided that a suit occurs.
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