Welcome to hukumhiburan.com ** The first entertainment and broadcasting law website in Indonesia ** Article in the website is only the writer's expressions hereinafter could not be referred as legal opinions; consequently, it could not be treated as a base to settle legal problems ** Download and get the recent regulations in the regulation link - need a solution for entertainment and broadcasting law ? Click on AskDedy **

New Page 2
:: Heru C. Priyotomo (KCI) (29-05-2006)

The progress of hukumhiburan.com and its contribution to the entertainment and broadcasting world is our expectation.


:: Arief Suditomo (RCTI) (26-05-2006)

We believe that hukumhiburan.com will be beneficial in enhancing the scope of knowledge, particularly reporters’ knowledge in writing news.


TELEVISION BROADCASTING LICENSING AGREEMENT


The top-rank television series and programs provide economical value for the film production company; therefore, if a contract entered with a TV station/distributor is not well-anticipated, it will create a loss in result.
As the program owner, the film production company is entitled to anything on the program, including the broadcasting right.
Here are the following clauses need to be noted down:

AGREEMENT/ ENGAGEMENT CLAUSE IN LICENSE GRANT
The engagement means the engagement of the film production company in granting the TV station/ distributor the license of TV program rights.
It means that the film production company acts as the Licensor and the TV station/distributor as the Licensee.
Here are things in the license granting clause:
a) Program title;
b) Total episodes;
c) Duration;
d) Broadcasting and total schedule;
e) Exclusivity;
f) Territory;
g) Media format
Terms of license customarily is one year long and allowed for one year extension.
Usually, the compensation of license grant is either paid flat with some of money per episode or performed revenue sharing as the result of advertisement in TV program broadcasting

1. TV PROGRAM MATERIAL AND DELIVERY
Delivery manner and time has to be stipulated priory. The material should meet the standard quality.

2. PROMOTION AND NOTIFICATION
TV program promotion such as promotional program, leaflet, billboard banner, or publication in printed media should obtain written consent from the Licensor.

4. INTELLECTUAL PROPERTY RIGHT
The intellectual property right in connection with TV program is the Licensor’s intellectual property. The regulation of moral right in connection with program either the credit title or program material editing to reach the standard quality by the Licensee should be stipulated on that clause.

5. MERCHANDISING
The TV program merchandising right customarily is not licensed; however, sometimes it is also inclusive. Provided that it is licensed, any and all merchandise produced based on the element of TV program should be clearly stated in the agreement clause.

6. RATING
To evaluate the on-going broadcasting performance, the Licensor can require Licensee to deliver the rating of broadcasting program and other information gradually.

7. TERMINATION OF AGREEMENT
The termination of agreement is due to both parties’ fallacy, public claim and sanction made by the applicable law.

8. DISPUTE SETTLEMENT
If any dispute happens during the agreement execution, it is allowed to be settled in the agreed manner and place.

After the abovementioned terms and conditions are accepted and fulfilled by both parties, the agreement is made in to two copies and sealed with Rp 6,000 seal and then signed. Then, each party hold one copy of the agreement.







- comment -
Copyright © 2005,
Dedy Kurniadi & Co. Lawyers, All rights reserved.