As if there is no end in sight, copyright infringement cases often occur and become controversial debates in the business world. One case that has attracted attention is the copyright infringement case between Grand Indonesia Mall and the heirs of Henk Ngantung. How could it not be, the manager of Grand Indonesia Mall was sued to pay a fine of Rp1 billion in compensation for copyright infringement for using the sketch of the Selamat Datang monument as a mall logo. The copyright infringement lawsuit was filed by Henk Ngantung’s heirs, namely Sena Maya Ngantung, Geniati Heneve Ngantung, Kamang Solana, and Christie Priscilla Ngantung. So, what is the chronology of the copyright infringement case committed by Grand Indonesia Mall? And how can KH pals, especially as business people, avoid similar problems and losses? For details, see the explanation below!
Chronology of Copyright Case by Grand Indonesia Mall
The copyright infringement lawsuit was initially filed by Henk Ngantung’s heirs on June 30, 2020. The lawsuit was registered under case number 35/Pdt.Sus-HKI/Hak Cipta/2020/PN Jkt.Pst. It should be noted, Hendrik Hermanus Joel Ngantung or known as Henk Ngantung was an artist and Governor of DKI Jakarta in the period 1964-1965. Henk Ngantung sketched a monument of a pair of men and women waving their hands in 1962. The sketch was realized in the form of a statue at the Hotel Indonesia (HI) Roundabout and named the Tugu Selamat Datang. Meanwhile, Grand Indonesia Mall itself was only established and opened near the HI Roundabout in 2007. The mall then used the Tugu Selamat Datang sketch as its logo.
Grand Indonesia Mall Sued to Pay Fines
Following up on the registered lawsuit, the Central Jakarta District Court (PN Jakpus) on December 2, 2020 granted the claim and imposed a fine of Rp1 billion on Grand Indonesia Mall. Yes, the Central Jakarta District Court ruled that Grand Indonesia Mall had violated the copyright of the Tugu Selamat Datang sketch. The mall management is considered to have used the logo sketch without permission from the original artist. The panel of judges chaired by Agung Suhendro decided the late Henk Ngantung as the creator of the Tugu Selamat Datang sketch and his heirs as the copyright holders of the Tugu Selamat Datang sketch. This is in accordance with the letter of the Ministry of Law and Human Rights of the Directorate General of Intellectual Property Number HKI.2-KI.01.01-193 dated October 25, 2019 regarding the recording of the transfer of registered creation number 46190. “Stating that the defendant (Grand Indonesia) has violated the plaintiff’s economic rights to the creation of the Tugu Selamat Datang sketch/image by registering and/or using the Grand Indonesia logo which resembles the shape of the Tugu Selamat Datang sketch,”. As outlined in the verdict, Grand Indonesia Mall is required to pay in full and at once after the verdict in the case is determined or after it has the force of law. “Punishing the defendant (GI) to pay material losses suffered by the plaintiff for the use of the Grand Indonesia logo amounting to Rp1 billion,” the verdict reads, as quoted from the District Court’s website. Regarding this, GI Corporate Communication Manager Dinia Widodo stated that her party was ready to pay compensation. “Yes, (ready to pay compensation), we respect the applicable legal provisions. So, what we have to do we will do.” Dinia was quoted as saying by CNNIndonesia.com.
The Importance of Copyright Registration of Logos
Copyright registration is a very important step for businesses in protecting their creative works, including logos. The copyright infringement case between Mal Grand Indonesia and the heirs of Henk Ngantung is an example that shows the importance of this step. When the sketch of Tugu Selamat Datang was used as a logo by Mal Grand Indonesia without permission, Henk Ngantung as the creator could file a copyright infringement lawsuit to protect the work. In addition, here are some other reasons why copyright registration is so important:
Strong Legal Protection
By registering the copyright of a logo, the creator of the work gains strong legal protection against unauthorized use by others. In the event of infringement, the creator of the work can take legal action to protect their copyright and claim appropriate damages.
Preventing Unintentional Violations
Copyright registration shows others that the logo is protected by copyright law and that the creator of the work is willing to enforce his or her rights. This can be an effective deterrent, as others may be reluctant to use or copy the logo due to the risk of lawsuits or sanctions.
Ease of Law Enforcement
Copyright registration makes it easier for the creator of the work to pursue copyright infringement legally. With official registration, the creator of the work has strong evidence to show ownership and validity of the copyright. In case of infringement, the creator of the work can easily take legal steps to protect his/her rights.
Higher Commercial Value
Copyright registration can increase the commercial value of a logo. A registered copyright is an asset that can be valued and accounted for in business. In situations where the creator of the work wants to sell or license their logo to another party, copyright registration will increase the attractiveness and marketability of the logo.
Advantages in Negotiations and Licenses
Copyright registration strengthens the position of the creator of the work in the negotiation and licensing of the logo to third parties. With a registered copyright, the creator of the work has the power to set clear terms and protect his or her rights in a license agreement. Third parties will also feel more confident working with a party that has a registered copyright. From the above, it can be concluded that copyright registration of a logo is a very important step for the creator of the work. The copyright infringement case that occurred between Grand Indonesia Mall and the heirs of Henk Ngantung is an example that reminds us of the consequences that may occur if the logo is not properly protected.
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So with legal copyright registration, creators can protect their rights, prevent infringement, and build a strong foundation for long-term growth and success.
KH Contact
Well, for KH Pals who also currently want to register their copyright, you can immediately contact Kontrak Hukum. We provide the most complete IPR registration services ranging from brands, logo designs, artwork, to industrial designs starting from only Rp2 million! For ordering information that suits your creation needs, please visit the KH Services – Copyright page. If you have any other questions, don’t hesitate to consult with Kontrak Hukum professionals for free at Ask KH or via direct message (DM) to Instagram @kontrakhukum.
