The Fair Use Agreement serves as a critical legal instrument in Indonesia's intellectual property framework, designed to facilitate the legitimate use of copyrighted materials while protecting creators' rights. This document becomes necessary when organizations or individuals need to use copyrighted content for purposes such as education, research, criticism, or news reporting, as permitted under Indonesian Law No. 28 of 2014. The agreement explicitly outlines the scope of permitted use, attribution requirements, and usage limitations, ensuring compliance with Indonesian fair use principles while providing legal certainty to both content owners and users. It's particularly relevant in the digital age where content sharing and educational use of materials have become increasingly common, requiring clear guidelines and protections for all parties involved.
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1. Parties: Identification of the copyright holder and the user seeking fair use rights
2. Background: Context of the agreement and the purpose for which fair use is being granted
3. Definitions: Key terms used in the agreement, including 'Fair Use', 'Licensed Material', 'Educational Purpose', etc.
4. Scope of Fair Use: Detailed description of the permitted uses of the copyrighted material
5. User Rights and Obligations: Specific rights granted to the user and their corresponding obligations
6. Attribution Requirements: Requirements for properly crediting the copyright holder
7. Limitations and Restrictions: Specific limitations on use and prohibited activities
8. Term and Termination: Duration of the agreement and conditions for termination
9. Representations and Warranties: Statements of fact and promises made by both parties
10. Governing Law and Jurisdiction: Specification of Indonesian law as governing law and jurisdiction for disputes
1. Commercial Use Restrictions: Additional terms specifically addressing any commercial use limitations, needed when commercial use might be contemplated
2. Digital Rights Management: Specific provisions for digital content protection, required when digital content is involved
3. Educational Institution Provisions: Special terms for educational institutions, included when the user is an educational entity
4. Content Modification Rights: Terms governing if and how content can be modified, needed when adaptation rights are being granted
5. Geographic Limitations: Specific territorial restrictions on fair use, included when use needs to be geographically restricted
1. Schedule A - Licensed Material: Detailed list and description of the copyrighted materials covered by the agreement
2. Schedule B - Approved Uses: Specific examples and scenarios of permitted fair uses
3. Schedule C - Attribution Guidelines: Detailed guidelines and examples for proper attribution
4. Appendix 1 - Technical Requirements: Technical specifications for digital content use and reproduction
5. Appendix 2 - Reporting Template: Template for any required usage reporting
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