Learning from the Controversy of Singer Pamungkas who Used Other People’s Artwork Without Permission

Pamungkas, a musician from Jakarta, stumbled over an Intellectual Property Rights (IPR) issue.
He used the artwork of international artist Baptites Virot without permission on the cover of his album Solipsism 0.2.
In the album cover, the motif of glasses worn by Pamungkas is several images of Baptites collaged together.
Since the time this issue was voiced by Instagram account @frekuensiantara, Pamungkas deleted the content on his personal Instagram that contained Baptites’ work.
From Pamungkas’ story this time, there are several lessons that KH pals can take.
Let’s analyze it together!
The work created by Baptites has copyright in it.
Based on Law No. 28 of 2014 concerning Copyright (Copyright Law), copyright is the exclusive right of the creator that arises automatically based on the declarative principle after a work is realized in real form.
Thus, since a creation is made by Baptites, copyright has been born with his work and the exclusive rights are only reserved for him.
Thus, no other party can utilize these rights without Baptites’ permission.
Article 4 of the Copyright Act then states that copyright is an exclusive right consisting of moral rights and economic rights.
Because copyright is an intangible movable object, copyright can be transferred or transferred either in whole or in part.
However, which can be transferred only economic rights.
While the moral rights remain attached to the creator.
The transfer of copyright can be done by way of inheritance.
grants, endowments, wills, written agreements, or other causes justified in accordance with the provisions of the legislation (Article 16 of the Copyright Act).
Furthermore, the transfer of copyright must be done clearly and in writing either with or without a notarial deed.
Instead of using it illegally, Pamungkas can buy the work through copyright transfer through a written agreement.
The written agreement in question is a sale and purchase agreement.
In Indonesian law, a sale and purchase agreement is recognized in Article 1457 of the Civil Code (KUHPer), which is an agreement by which one party binds himself to deliver an item (in this case a copyright) and the other party to pay the promised price (in this case a royalty).
This agreement aims to transfer ownership rights from the seller as the owner to the buyer.
The validity of the sale and purchase agreement is certainly associated with the validity of the agreement as stipulated in Article 1320 of the KUHPer, which must fulfill the agreement, capability, certain things and halal causa.
Copyright sale and purchase agreement in the Copyright Law is also mentioned in Article 18 which is known as a sale and purchase break or in practice known as sold flat. In the explanation of Article 18 of the Copyright Law, a sale and purchase is an agreement that requires the creator to submit his creation through payment in full by the buyer so that the economic rights to the work are transferred entirely to the buyer without time limit.
However, the copyright of the work reverts back to the creator when the agreement reaches a period of 25 years. KH Buddy needs to know, creators who suffer losses of economic rights are entitled to compensation.
What is meant by compensation is the payment of a sum of money charged to the perpetrator of the infringement of the creator’s economic rights based on a court decision in a civil or criminal case that has permanent legal force for the losses suffered by the creator.
In addition, Pamungkas should have clearly and completely stated the name Baptites when using his work.
This is related to the moral rights mentioned above.
Moral rights function as recognition of the work that has been created.
Based on Article 5 of the Copyright Law, moral rights are rights that are eternally attached to the creator to:

• To keep or not to keep his/her name on the copy in connection with the public use of his/her work.
• Using his or her alias or cover name
• Modify his creation in accordance with the propriety in society
• Changing the title and subtitle of the work; and
• Defend their rights in the event of distortion of the work, mutilation of the work, modification of the work, or anything that is detrimental to their personal honor or reputation.

Moral rights cannot be transferred while the creator is still alive, but the exercise of such rights can be transferred by will or other causes in accordance with the provisions of laws and regulations after the creator dies.
Reportedly, Pamungkas and his team have admitted their negligence and have apologized for this uproar through a video on the Instagram of Mas Pam Records record label.
Pamungkas even explained that he had solved the problem and bought the copyright along with the illustrations.
Copyright has indeed been born since the creation was made, but to strengthen its existence, KH Friend can register the creation with the Ministry of Law and Human Rights.
By registering, the work will not be used without permission and this can be used as evidence in the event of a dispute in the future.
It is a different story if you use someone else’s creation, the permission of the creator of the work is of primary importance.
Read also: Want to Avoid Copyright Disputes?
Apply for Your Copyright Registration Now with Contract Law!

KH Contact

Therefore, avoid the same thing happening to Friend KH.
Need help registering your work or making a copyright sale and purchase agreement?
Kontrak Hukum is the champion!
Check us out on Instagram @kontrakhukum or contact Tanya KH for more information.
Read also: Services – KH Intellectual Property