Some time ago, the entertainment world was shocked by Ahmad Dhani’s statement that firmly forbade Once to sing Dewa 19 songs. “I forbid Once to sing Dewa 19 songs, since I said it in the media today,” said Ahmad Dhani during a press conference at Pluit Park, Tuesday (28/3). Ahmad Dhani also emphasized that the Dewa 19 songs he created were registered at the Directorate General of IPR. This means that Ahmad Dhani has full authority over his songs in Dewa 19. Nevertheless, Once may perform other songs owned by Ahmad Dhani.
Chronology of Ahmad Dhani vs Once Mekel Case
Ahmad Dhani’s attorney, Aldwin Ramadhan, explained that so far Ahmad Dhani has objected to Once performing Dewa 19 songs because the soloist did not ask permission and did not pay royalties from performing rights. And this statement has also been protected by the Directorate General of Intellectual Property Rights (HAKI). This ban has been in effect since Tuesday (28/3) because Dewa 19 will undergo a concert tour after Lebaran 2023. The tour was also the reason Ahmad Dhani banned Once from singing Dewa 19 concert songs. He did not want anyone else to interfere with the running of the tour. “I maintain the muruah of Dewa, also maintain the purity of Dewa concerts that we hold after Eid twice a week,” Ahmad Dhani said through his Youtube channel on Tuesday (28/3). Furthermore, Aldwin explained, his party would issue a subpoena to Once if in the future he performed Dewa 19 songs created by Ahmad Dhani. Ahmad Dhani also said that he would not hesitate to take Once to court if the soloist still sang Dewa 19 songs. Because, said Aldwin, his party has now issued a public warning and summons. It is known that Ahmad Dhani’s ban also appeared about a month in the midst of the busy news of the ban on singing Dewa 19 songs by Once and royalties that occurred previously. At that time, Ahmad Dhani said the issue of royalties and permission to perform Dewa 19 songs was the domain of the event organizer (EO), not Once. He emphasized that the obligation to pay royalties was not the soloist’s responsibility. Once’s side also alluded to the role of the National Collective Management Institute (LMKN) as the body that should regulate the royalty system or revenue sharing system.
What are the Penalties for Violating?
Legal protection of intellectual property rights, especially copyright for songwriters, has been regulated in Law No. 28 of 2014 on Copyright. The law recognizes, copyright has existed automatically since the creation is completed realized. That is, after the creation has been realized in real form or material form in accordance with the wishes of the creator. Similarly, Ahmad Dhani’s open subpoena against the ban on Once singing Dewa 19 songs is not without reason, but there is also a legal basis. Observing this, Ahmad Dhani argued that referring to Article 113 of the Copyright Law and in accordance with the principle of superior legal preference derogate legi inferior or higher law overrides lower law, the rules used in this matter are the provisions of Article 9 paragraph (2) and Article 113 of the Copyright Law. That is, commercial use for performances can use songs and / or music must be with the permission of the copyright holder. If done without permission, then it becomes a criminal offense with the threat of imprisonment for three years and / or a fine of Rp500 million if proven to violate.
The Importance of IPR Registration for Songs
Copyright is an exclusive right in the form of moral rights and economic rights owned by the creator, which means that no one else can use these rights without the consent of the creator or copyright holder. As for moral rights is a right that is attached to the person eternally and can not be removed or separated, while the economic rights of the right to obtain economic benefits for the work he has created. Therefore, copyright including for songs must be officially registered because with registration, there will be formal evidence of copyright ownership. As for some of the benefits and functions of registering IPR for songs, among others:
Protection Function
A creation including a song that is produced has the potential to be taken for its economic value, so this is where the role and benefits of registering HAKI for songs are related to the protection function. By first registering HAKI, there is no need to worry about other parties sabotaging and taking advantage of a work that was built painstakingly. Where this can strengthen evidence of ownership of a song from the songwriter when there is a dispute over copyright.
Economical Function
If another party wants to use a registered song for commercial purposes, they must first ask permission from the creator. The creator also has the authority to refuse or agree with certain cooperation such as the amount of money to be paid, or so on.
KH Contact
Thus the explanation of the case that occurred regarding Ahmad Dhani’s ban on Once singing Dewa 19 songs. Now, we are also increasingly aware of how important the role of copyright or IPR on the work of creation produced. Where to respect and appreciate the efforts of the creator of the work, the state has provided legal protection against intellectual property. As for this HAKI registration or recording of creations must be done to give birth to copyright on the creation.
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Registration in this system is useful so that the registrant is de facto and de jure recognized as the creator or the person entitled to the copyright of the registered work. Without registration, a creator is not entitled to his creation.
Well, for KH Pals who also want to register their copyright, you can immediately contact Kontrak Hukum. We provide the most complete IPR registration services ranging from brands, artworks, musical compositions, photographic works, to industrial designs starting from only Rp2 million! For ordering information that suits your creation needs, please visit the KH Services – Intellectual Property page. If you have other questions about HAKI, don’t hesitate to consult with us on the Ask KH page, or send a Direct Message (DM) to Kontrak Hukum’s Instagram social media account @kontrakhukum.
