Copyright as one of the Intellectual Property that protects the rights of works of science, art, and literature as described in Article 1 number 3 of Law no. 28 of 2014 regarding Copyright (UUHC). Copyright has 2 forms of protection, moral rights and economic rights. Moral rights are rights that protect the personal value and integrity of a work for its creator. Economic rights are rights that arise for the creator to benefit from his creation which is the result of his thoughts and deserves to be respected.
The internet has become a place for copyright piracy. The piracy of copyright in works of art and literature in the form of e-books is widely circulated without giving economic rights to the creators. E-books are books that are converted to virtual so that they can be read through internet access with the condition of buying the book. However, there are still many who copy and resell it even though the seller does not have the right to distribute the e-book.
Piracy is a crime that violates copyright. Article 1 number 23 UUHC explains the meaning of piracy as follows:
“Piracy is the illegal reproduction of Works and/or Related Rights products and the wide distribution of the goods resulting from the reproduction in order to obtain economic benefits.”
The piracy of e-book versions of literary novels has disturbed many novelists whose works are easily disseminated on the internet and even traded on various e-commerce sites. It is proper for the creative activities of novelists to be given appropriate legal protection.
To protect the infringed work, it is explained in Article 55 of the UUHC that it can be reported to the Minister of Law and Human Rights to close part or all of the content that violates copyright in the electronic system or make the electronic system service inaccessible.
Regarding the reporting method, it is found in the Joint Regulation of the Minister of Law and Human Rights of the Republic of Indonesia and the Minister of Communication and Information No. 14 of 2015 and No. 26 of 2015 regarding Implementation of Content Closure and/or User Access Rights Violation of Copyright and/or Related Rights in Electronic Systems.
In Indonesia, copyright disputes according to UUHC can be resolved civilly and criminally. In the event that the work is used for commercial purposes without the author’s permission, the creator can choose compensation or reporting. Compensation means reimbursement of the costs of the pirated works to the creator and can be settled civilly. If the creator reports to the authorities, the creator will settle criminally and will be subject to sanctions. The provisions for criminal acts of piracy are explained in Article 113 paragraphs (3) and (4) UUHC, as follows:
“(3) Any person who without rights and/or without permission of the Author or Copyright holder violates the economic rights of the Author as referred to in Article 9 paragraph (1) letter a, letter b, letter e, and/or letter g for the use of Commercially, they are sentenced to a maximum imprisonment of 4 (four) years and/or a maximum fine of Rp. 1,000,000,000.00 (one billion rupiah).
(4) Any person who fulfills the elements as referred to in paragraph (3) which is committed in the form of piracy, shall be sentenced to a maximum imprisonment of 10 (ten) years and/or a maximum fine of Rp. 4,000,000,000.00 (four billion rupiah).”
What includes copyright piracy is explained in Article 9 paragraph (1) letter a, letter b, letter e, and/or letter g as follows:
“(1) The Creator or Copyright Holder as referred to in Article 8 has the economic right to:
- Publishing Works;
- Reproduction of Works in all its forms;
- Distribution of Works or copies thereof;
- Creation Announcement.”
So, all kinds of piracy will be subject to article 113 paragraph (3) UUHC, and if it fulfills all elements of Article 9 paragraph (1) letter a, letter b, letter e, and/or letter g, will be subject to article 114 paragraph (4) UUHC.
Am Badar & Am Badar as Intellectual Property consultants in Indonesia, have helped many clients both at home and abroad in guaranteeing Intellectual Property rights in Indonesia. Do not hesitate to contact us at firstname.lastname@example.org if you have further questions regarding Intellectual Property. Our experienced consultants will be happy to assist you.
- Law No. 28 of 2014 regarding Copyright
- Helena Lamtiur Simangunsong. Perlindungan Hak Cipta Terhadap Pembajakan Karya Sastra Novel Versi E-BOOK di Tokopedia. Fakultas Hukum Universitas Diponegoro. NOTARIUS, Volume 13 Nomor 1 (20120)