Sanction for Marketplace Manager who Allows Sale of The Results of Copyright Infringement

Entertainment industry in Indonesia is growing rapidly the last couple of years, for example music and film industry. Those industries are very popular because it is poured from certain intellectual abilities into an art form, so at certain point causing people to be entertained and people could relate to specific music or films.

Currently, there are tons of platforms for music or film lovers to enjoy their favorite music or films with an affordable price. Regardless the ease of enjoying such arts, there are many stores or shops in certain marketplace that sells a product of copyright infringement music or film.

It is surely incur losses to many parties, from the maker to the related rights holder. In this particular case, copyright infringement is done by the person who sells the products. However, the marketplace manager who lets that happens is also a subject to criminal sanction.

Law number 28/2014 regarding copyright, in Article 114 stated:

“Every person who manages the place of trade in all its forms deliberately and knowing letting sales and / or duplication of infringing goods Copyright and / or related rights in a trade under its management as referred to in Article 10, shall be punished by a fine of 100,000,000,00 (one hundred million rupiah).”

Article 10 that referenced by Article 114 stated as follows:

“Business trade places forbidden to let the sales and / or duplication of infringing goods Copyright and / or related rights in a trade under its management”

Based on those articles the violator is every person who manages the place of trade in all its forms, and the violation is letting sales and/or duplication of infringing copyrighted goods and/or related rights in a marketplace under his management.

According to H. Adami Chazawi, marketplace manager is people, whose job or activity is running the marketplace, including the merchant. “In all its forms” phrase contains a vast meaning, it could be large shops, small shops, roadside retailers or in traditional markets, and so forth.

 

On the stated articles, the forbidden deed is “letting” sales or multiplies—a passive criminal act—which means not doing something that becomes his legal obligation that he carries. As the manager of the marketplace, he should pay close attention to merchants who are under his management to comply with regulations. Because even though the marketplace manager is not doing the criminal act directly, he is still responsible for what he manages.

Sources:

  1. Adami Chazawi, Tindak Pidana Hak atas Kekayaan Intelektual.          2. Law number 28/2014 regarding Copyright.
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