Did you know that starting in mid-July 2023, YouTube content can be used as collateral to apply for debt loans to banks? This refers to Government Regulation (PP) No. 24 of 2022 signed by President Joko Widodo on July 12. The provision was confirmed by the Minister of Law and Human Rights (Menkumham), Yasonna Laoly, who stated that YouTube content with many views can be used as collateral for creative economy players to apply for debt at banks. Previously, Yasonna also explained that the policy regarding YouTube content as collateral for bank debt is a form of government favoritism based on Intellectual Property Rights (HAKI). Even so, not all YouTube content can be debt collateral. The reason is, there are several requirements that must be met by creative business actors or content creators who want to make their content a bank guarantee.
Content requirements for collateral?
In the Weekly Press Briefing held on August 1, 2022, the Minister of Tourism and Creative Economy (Kemenparekraf), Sandiaga Uno explained a number of conditions for creative economy players to be able to use their content on YouTube as bank guarantees. Here are the conditions:
- The work must be recorded and registered with the ministry that organizes government affairs in the field of law
- The work has been managed either independently or transferred the rights to others
- Fill out a financing proposal
- Have an IPR-related engagement
- Works can be proven through registration letters and IPR certificates
In order to realize this policy, Sandiaga as Menparekraf will also conduct education and socialization to financial institutions in Indonesia. Later, the bank’s financial institutions will carry out several stages of verification of letters and IPR certificates belonging to creative economy actors and an assessment team that will assess intellectual property in the form of YouTube content. This HAKI letter and certificate will also be the object of debt collateral in the form of fiduciary guarantees for intellectual property and collection rights in creative economic activities. From these letters and certificates, the lender will determine the value of the intellectual property. The higher the value and economic potential of the copyrighted work, trademark or patent, the greater the loan value.
What are the Other Benefits of IPR Registration?
With the policy of YouTube content that can be used as debt collateral in banks, it is hoped that it will encourage creative industry players to continue working and be able to utilize digital sophistication to grow into creative talents. But keep in mind, YouTube content that can be used as an object of debt collateral must meet two conditions. The first condition is that the work or intellectual property must be recorded or registered at the DJKI of the Ministry of Law and Human Rights. Then the second condition, the intellectual property product has been managed (commercialization) either alone or by other parties. Therefore, for KH Pals who are currently a content creator and want the content produced to be a guarantee at the bank, don’t forget to immediately register their intellectual property with the DJKI. The intellectual property that can be registered include:
- Copyright: music, song, dance, choreography, drama, visual art, batik art, and so on;
- Industrial property rights: patents, trademarks, industrial designs, and so on.
In addition to being used as debt collateral at banks, it is also very important to register IPR because IPR has important benefits and roles in protecting the creation of products or creative works from each individual or group in general.
READ ALSO: Intellectual property can be used as debt collateral, here are the rules!
Some other benefits of IPR registration include:
- As legal protection for creators and their works
- As a form of anticipation of violations in the form of misuse and plagiarism
- Increase competition and expand market share
- Has economic rights
KH Contact
To simplify HAKI registration, KH pals can just leave it to Kontrak Hukum. No need to worry, because whatever type of work you want to register as HAKI, everything is available at Kontrak Hukum. The process is also very easy, fast, and efficient. For more information about HAKI registration at Kontrak Hukum, please visit this page. Or if you still have questions about other legal services, do not hesitate to consult with us at Tanya KH and via Direct Message (DM) to Instagram @kontrakhukum.
