This is the type of copyright infringement you must avoid

The phrase “we can find anything on the internet” is true. But without a good understanding, what we do can be a form of violation of the law, especially regarding violations of ‘Copyright’ aka copyright.

Yes, anything you get from the internet without the owner’s permission or illegally can be a form of copyright infringement as well as theft. But the bad thing is, there are still many people who consider this as a normal thing.

Yet in each of these works, there is time, effort, and money spent by the original owner.

Therefore, all forms of copyright infringement have been legally regulated by the provisions of the legislation in force in Indonesia. Where in accordance with Law (UU) No. 8 of 2014 concerning Copyright, copyright infringers will be dealt with firmly with prison sentences and fines.

Well, so that KH Pals can be more vigilant and not involved in this kind of case, in this article we will discuss more deeply about copyright infringement and its types. Let’s see the explanation below!

Definition and Scope of Copyright Infringement

In general, copyright infringement is the act of someone who violates the moral and/or economic rights of the creator of the work and benefits from the use of the work. Where according to Law Number 8 of 2014 concerning Copyright, which is included in the work of creation that can be subject to infringement are as follows:

Books, computer programs, pamphlets, layouts of published works, and all other written works.
Lectures, lectures, speeches, and other similar works.
Props made for the benefit of education and science.
Songs or music with or without text.
Drama or musical drama, choreographed dance, puppetry and pantomime.
Fine art in all forms such as painting, drawing, carving, calligraphy, sculpture, sculpture, collage, and applied art.
Architecture.
Map.
The art of batik.
Photography.
Cinematography.
Translations, commentaries, adaptations, anthologies, databases, and other works of authorship.

In addition to the above creations, there are several other types of works that are not copyrighted, namely:

Results of open meetings of state institutions.
Legislation.
State speeches or speeches by government officials.
Court decision or judge’s ruling.
Decisions of arbitration bodies or decisions of similar bodies.

Types of Copyright Infringement

As explained, copyright infringement occurs when someone violates the moral and/or economic rights of the creator of the work. Where this moral right relates to the right attached for life to the creator of the work to maintain the integrity and / or provide attribution to his creation. While economic rights are rights owned by the creator of the work to enjoy all the economic benefits obtained for the creation.

Violation of Moral Rights

Based on Article 5 paragraph (1) of the Copyright Law, which is included in the examples of acts of infringement of the moral rights of copyright are as follows:

Do not include the name or creator or alias of the creator for the use of their work, for example uploading photos taken by others without including the source and / or name of the photo owner;
Changing the title and subtitle of a work, such as a singer who gets permission to re-sing an old song, but changes the title of the song;
Changing the creation in accordance with the needs of society either through distortion, mutilation, modification of the creation, or things that are detrimental to the self or reputation of the creator; for example, a batik craftsman who plagiarizes other people’s products but turns out to be of inappropriate quality.

Violation of Economic Rights

An act that includes infringing economic rights is someone who exercises the creator’s economic rights without the knowledge or permission of the creator. The following are examples of violations of economic rights in accordance with Article 9 paragraph (1) and 113 of the Copyright Law:

Disseminating the work or distributing the work or copies thereof, for example, disseminating an author’s book by uploading it to an unofficial website/platform that can be accessed by the public for free;
Duplicating creation in all its forms, such as recording a movie in a theater using a mobile phone camera;
Creation translation, i.e. unauthorized translations and uploading them on paid websites/platforms for personal gain;
Adapting, changing the arrangement, or transforming the work, such as covering a song and uploading it for profit;
Performance creation, for example streaming Netflix movies that are broadcast through other platforms such as Zoom;
Creation announcements, such as playing songs from paid apps in public;
Leasing of creations, for example, an employee of a comic illustrator leasing his boss’s drawings for merchandise.

Sanctions for Copyright Infringement

In fact, the Copyright Law does not explicitly determine the sanctions that can be imposed for violation of moral rights. However, the 2020 edition of the “Basic Intellectual Property Module on Copyright” states that to sue people who deliberately violate moral rights, the creator can sue for compensation for the violation to the Commercial Court. As for copyright infringement committed against economic rights, criminal sanctions have been regulated under Article 72 of the Copyright Law, namely:

Intentionally and without the right to publish or reproduce a work is punishable by a maximum imprisonment of four years or a maximum fine of IDR 5 billion.
Intentionally broadcasting, exhibiting, listening to, or selling to the public of works resulting from copyright infringement shall be punishable by imprisonment for a maximum of five years or a maximum fine of Rp500 million.
Making commercial use of a computer program is punishable by imprisonment for a maximum of five years or a maximum fine of IDR 500 million.

Thus, it can be understood that it is very important for people whose daily lives are surrounded by the use of copyright to pay attention to and respect the moral rights and economic rights of the creator of the work so that its utilization does not harm all parties. The Indonesian government itself through the Directorate General of Intellectual Property (DJKI) has provided legal protection for works or creations with copyright registration. A work or creation can be registered with the Copyright Office of the DJKI of the Ministry of Law and Human Rights so that the creator gets a creation registration letter that can be used as evidence in court if a dispute arises in the future against the creation.

KH Contact

To register your copyright, you can immediately contact Kontrak Hukum. We can help the process of recording your work or creation to the DJKI so that it is protected by law for only a fee starting from IDR 2 million.

What are you waiting for? Immediately visit the page https://kontrakhukum.com/kekayaan-intelektual/ and your copyright registration will be done quickly and efficiently with our team of IPR Expert Consultants.

If you have further questions about copyright registration services or other business needs, you can also contact us via the following link Ask KH, or send a Direct Message (DM) on our social media @kontrakhukum.