Get to Know Better About Copyright Law in Indonesia

Copyright infringement is a hot topic at this time. Because, in recent days, influencer Karin Novilda, who is more commonly known as Awkarin, has come under fire on the Twitter media scene. Karin was accused by an illustrator from Bandung, Nadiyah, of stealing her illustration. The problem arose when Karin bullied Nadiyah and threatened to sue him. Even though Karin claims to have made peace with Nadiyah, netizens have found the fact that Karin pressured Nadiyah through Twitter’s direct messages.

It is still fresh in the minds of netizens of the problems that befell the famous rapper, Young Lex. The rapper whose real name is Samuel Alexander Pieter is accused of stealing pieces of lyrics written by Twitter user Firgiawan (@seterahdeh). The lyrics, based on the jingle of a well-known milk brand, were included without permission in Young Lex’s new song.

These two problems seem to remind us of the weak protection of copyright works in Indonesia. This issue is not a new topic, considering that cases of copyright infringement are very common. Actually, what are the copyright protection rights like in Indonesia?

Regulated by law

In fact, anyone who owns anything considered intellectual property is protected by Law number 28 of 2014. In this law, copyright is defined as the exclusive right of a creator that arises automatically based on the declarative principle after work is manifested in a tangible form without reducing restrictions in accordance with the provisions of the legislation.

If translated literally, then whoever declares a work as his creation, then he owns the copyright of the work. However, there are two ways of declaring copyright: a declarative system and a constitutive system. The declarative system means a declared copyright declaration, while the constitutive system means a declaration by registering the copyright with the Director-General of Intellectual Property.

In addition, there are also works that have had copyright protection for 50 years since they were published, namely photography works, portraits, cinematographic works, video games, computer programs, a compilation of written works, translations or arrangements, and/or modifications of transformations, translations and arrangements and/or modification of traditional cultural expressions, a compilation of works or data, as well as a compilation of written traditional cultural expressions.

There are two rights protected by the law, namely moral rights, and economic rights. Moral rights are rights inherent in works and artists, while economic rights are rights to monetize copyrighted works.

What about the Karin and Young Lex problem? The two can be considered two separate cases. The case between Young Lex and Firgiawan cannot be considered a struggle for copyright, because Firgiawan himself does not have the tone of the lyrics he wrote. The jingle notes are still owned by the dairies that use them. Meanwhile, the lyrics used by Firgiawan cannot be considered as copyrighted works, because the lyrics are not a copyrighted work.

Meanwhile, in the case of Nadiyah and Karin, this law could be applied. This is because Nadiyah himself created the illustration, which was then taken without permission and included the name of the illustration maker, namely Nadiyah. Nadiyah has the right to sue Karin for her actions if Karin actually committed the theft as alleged.

This problem has always been an endless problem. As long as people still cannot respect copyright, piracy will probably skyrocket in number. Firmness in law enforcement is needed to take action against all forms of copyright infringement.

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