“COPYRIGHT INFRINGEMENT”

PROPOSAL

This proposal is prepared in order to fulfill the Legal English course assignment

Supporting Lecturer: Ro’fah, S.Ag, BSW, M.A, PhD

Arranged by:

Muhammad Rizki Listiawan (20103040030)

Elsa Astyadatu (20103040031)

Naila Zahiyatur Rosyida (20103040032)

Arjuna Wahono (20103040033)

LAW STUDY PROGRAM

FACULTY OF SYARI’AH AND LAW

STATE ISLAMIC UNIVERSITY SUNAN KALIJAGA

YOGYAKARTA

2020
 CHAPTER I

PRELIMINARY

A. BACKGROUND
Copyright infringement issue is sometimes rarely noticed by many people in the
world, especially in Indonesia. Whether it is because this issue is seen as less important to
some people or because this issue is indeed rarely noticed by some people. So, in this
proposal we are going to discuss about the copyright infringement issue.
In many countries, when a person creates an original work that is defined in the
physical media, he automatically owns the copyright for that work. As the copyright owner,
he has the exclusive right to use the work. Usually, only the copyright owner can determine
whether or not someone else has the power to use the work.
Many types of work are eligible for copyright protection, for example:
 Audio visual works, such as TV shows, films, and online videos.
 Sound recordings and musical compositions.
 Written works, such as lectures, articles, books, and musical compositions.
 Visual works, such as paintings, posters and advertisements.
 Video games and computer software.
 Dramatic works, such as plays and musicals.
Copyright is a type of intellectual property right, but copyright differs significantly
from other intellectual property rights (such as patents, which give a monopoly right over
the use of an invention), because copyright is not a monopoly right to do something, but a
right to prevent others from doing it.1
B. PROBLEM FORMULATION
1. What is copyright infringement? And how important is this issue?
2. What are the legal bases of this issue?
3. What are the classifications for an issue to be called copyright infringement?
4. How is this issue happening on the ground? Do people obeys the laws about this issue?
5. What are the solutions for this issue?

1
Wikipedia, “Hak Cipta”, https://id.m.wikipedia.org/wiki/Hak_cipta (Accessed on 17 Nov 2020)
 CHAPTER II

DISCUSSION

A. PROBLEM STATEMENT ABOUT COPYRIGHT INFRINGEMENT

Copyright infringement (known as piracy) is the use of a copyrighted work that

violates the copyright holder's exclusive rights, such as the right to reproduce, distribute,
display or display a copyrighted work, or create derivative works, without the permission
of the copyright holder, which is usually publisher or other business that represents or is
assigned by the creator of the work.2 Copyright is also part of intellectual property in the
fields of science, art and literature which has a strategic role in supporting national
development and advancing public welfare mandated by the 1945 Constitution of the
Republic of Indonesia. 3 The issue of copyright infringement is not a trivial matter because
it is directly related to the law regarding intellectual property as regulated in the law.
Someone's work needs to be protected, so that it is not plagiarized by others. Therefore,
everyone who creates something useful both for himself and for the public must own a
copyright.

B. LEGAL BASES FOR COPYRIGHT INFRINGEMENT

Provisions Law of the Republic of Indonesia Number 28 of 2014 concerning

Copyright Article 113 Any person who without rights violates economic rights as referred
to in Article 9 paragraph (1) letter i for Commercial Use, shall be punished with
imprisonment for a maximum of 1 (one) year and / or a maximum fine of IDR 100,000,000
(one hundred million rupiahs). ). Any person who without the rights and / or without the
author's permission or the copyright holder violates the economic rights of the Creator as
referred to in Article 9 paragraph (1) letter c, letter d, letter f, and / or letter h for
Commercial Use, shall be punished with a maximum imprisonment of 3 (three) years and

2
Wikipedia, “Pelanggaran Hak Cipta”, https://id.wikipedia.org/wiki/Pelanggaran_hak_cipta
(Accessed on 17 Nov 2020)
3
BP Lawyers, “Hak Cipta: Mengenal Lebih Dalam Hak Cipta di Indonesia”,
https://bplawyers.co.id/2018/01/30/hak-cipta-di-indonesia/ (Accessed on 17 Nov 2020)
/ or a maximum fine of Rp. 500,000,000.00 (five hundred million rupiah). Any person who
without the rights and / or without the author's permission or the copyright holder violates
the economic rights of the Creator as referred to in Article 9 paragraph (1) letter a, letter b,
letter e, and / or letter g for Commercial Use shall be punished a maximum imprisonment
of 4 (four) years and / or a maximum fine of Rp1,000,000,000.00 (one billion rupiah). (2)
Any person who fulfills the elements as referred to in paragraph (3) who is committed in
the form of piracy, shall be punished with imprisonment of not more than 10 (ten) years
and / or a maximum fine of Rp.4,000,000,000.00 (four billion rupiah). Article 8 Economic
rights are the exclusive rights of creators or copyright holders to obtain economic benefits
for works. Article 9 Creators or Copyright Holders as referred to in Article 8 have economic
rights to: publishing of works; Reproduction of work in all its forms; translation of Works;
adapting, arranging, or transforming Works; Distribution of Works or copies thereof;
performance of Creation; Announcement of Works; Communication of Creation; and
leasing a work. (2) Everyone exercising economic rights as referred to in paragraph (1)
must obtain permission from the Author or Copyright Holder. Any person without the
permission of the Creator or the Copyright Holder is prohibited from making duplication
and / or commercial use of the work. Article 52 Every person is prohibited from damaging,
destroying, eliminating, or rendering the technological control facilities used as protection
for Works or Related Rights products as well as protection of Copyright or Related Rights,
except for the interests of state defense and security, as well as for other reasons in
accordance with the provisions of laws and regulations. invitation, or other promised.

C. ELEMENTS OF COPYRIGHT INFRINGEMENT (WHY CAN IT BE CALLED

AN ACTION AS COPYRIGHT INFRINGEMENT)
1. Lack of Awareness to Respect Others

The first cause of copyright infringement in Indonesia is the lack of awareness. Piracy
like this often happens to musicians or filmmakers who find their work copied without their
knowledge. In Indonesia, there is the term pirated CD for films as well as songs and video
clips. This shows that one of the causes of copyright infringement is the lack of awareness
of respecting others.

2. High Demand

Book content or literary works are also not free from piracy. Not only works of fiction
that are thick and have a high price, but also non-fiction works such as literature books are
deliberately duplicated and sold at low prices. Usually, the classic reason people buy pirated
goods even though they are of poor quality is price. So, the second reason that causes
copyright infringement is that there is a request for the KW onion. Ironically, there are also
several requests that lead to infringement of advertisements on television, whether related
to copyright or otherwise.

3. Want to Get What You Want Instantly

In the online shop world, the problem of copyright infringement often affects both
sellers and buyers. For example, when someone creates an online catalog containing
original or original goods, then offers it to customers. Because the model is good and the
price is cheap, customers will be interested in buying. Unfortunately, when the goods arrive
at their destination the customer will be disappointed because the quality is very different
from the online catalog.

4. Not Paying Attention to the Disappointment of Others

In fact, many customers create special community or group conversations by

including photo evidence of expectations vs reality. There it is clear that the photos of the
items being offered are truly elegant, graceful and look attractive. On the other hand, when
goods arrive, the quality of the materials and workmanship are very much different. Of
course this is quite ironic considering the active online stores in Indonesia are quite
extensive to reach many regions.

5. Want to Minimize Risk

Another reason that certainly cannot be justified when someone reproduces someone
else's copyright without permission is because they want to gain profits without risk.
Because other people's trademarks are already popular, the risk of not selling them is
reduced. However, since the idea used should not have stolen from the creator this is still
not justified. In fact, if you want to innovate, there will be a lot of appalling business ethics
without having to harm others.

6. Do Not Care About Artistic Innovation

Many new entrepreneurs make KW goods with various qualities, for example super
KW, medium KW, and cheap KW. So, the physical form of goods is the same but the
quality is different. This is done in the realm of creating works of art or goods in general.
However, this is of course still detrimental even though there are parties who benefit.

Because ideas and innovations are abstract things to have, the auspices of the Law of
the Republic of Indonesia Number 19 of 2002 concerning Copyright are indeed very
important in order to minimize copyright infringement. However, a proactive attitude from
the community is also needed so that no more creators feel disadvantaged up to billions of
rupiah in nominal value just because of pirated products. Of course, this violation also
concerns the rights of other people, so it is an example of violating the values of Pancasila.

Indonesia is a country with a high demand for pirated goods. So, as a buyer or person
who enjoys anyone's work, you should choose original or original items even though the
price is higher. Because the price of an idea, of course, cannot be measured in just a few
dollars. It takes a long time to be able to provide new and innovative best work. So everyone
must participate in maximizing the prevention of copyright infringement. This is a way to
uphold democratic values so that everyone has the right to express their work.

D. IMPLEMENTATION OF THE LAW

Copyright infringement is often termed piracy. Quite a number of these cases occur
due to a lack of awareness of the causes of copyright infringement in Indonesia plus the
pirates also do not pay attention to the rule of law. This then becomes the background why
there are many causes of copyright infringement in Indonesia. So if someone disturbs
people's copyrights even to the point of theft of works and so on, of course this includes
examples of violations of social norms.

The scope of copyright is when someone announces their work to the public. In
addition, the scope is also when the creator reproduces the work. As an example, there are
several alumni from overseas universities who have created a newsletter that summarizes
and processes the hottest news in Indonesia. The newsletter will then be sent to e-mail
subscribers every day. One time, the content in the newsletter was read out loud by one of
the famous podcasters, exactly the same until the semicolon. Is this a violation of copyright
or other intellectual property?

While the podcast content is in the form of voice recordings of interviews, music /
songs, lectures, and others. Thus, podcast content is included in various types of creation,
depending on the work that is manifested in real and recorded form. For example, types of
lectures, lectures, speeches, and other similar works, or types of song and / or music
creations with or without text. It can also be a type of creation in the form of adaptation,
which is transforming a creation into another form. 4

The interesting part of the type of creation that becomes podcast content is if the
content or work that is manifested in a tangible form is a combination of the work produced
by the podcaster and the work of others that are protected by copyright.

One example is a podcaster who recorded a lecture against a background in music

whose copyright is owned by someone else. Another example is what you said, where the
content of a copyrighted newsletter is read by the podcaster exactly as the original. In other
words, the content of the newsletter, which is a type of written work, is translated by the
podcasters in the form of podcast sound recording content.

In order to know the law of this act, there is a need for us to first understand the rules
surrounding adaptation. Adaptation works are one of the protected works. When a work is
adapted, the adapted work has an independent copyright. However, copyright is only born
when the conditions for the birth of copyright are met.

As stated above, copyright is the exclusive right of the creator that arises
automatically based on the declarative principle after a work is manifested in a tangible
form without reducing restrictions in accordance with the provisions of laws and
regulations. Then what are the conditions so that an adapted work can have copyright
protection?

According to Muhammad Djumhana in his book The Development of Doctrine and

Theory of Intellectual Property Rights Protection, apart from the main rights in copyright,
protection is given to other elements in copyright, such as conversion. The protection
provided is in the form of prevention or prohibition of other parties from utilizing a work
for commercial purposes without the legal permission of the right holder. If it is done by
someone other than the creator, the conversion of a copyright work into another form
requires permission from the creator of the original form.

Creators have moral rights and economic rights to their creations. In terms of
protecting moral rights which are eternally attached to him, the creator has the right to5:

4
Republic of Indonesia, Law no. 28 of 2014, Chapter V, Article 40 paragraph (1) letter n.
5
Republic of Indonesia, Law no. 28 of 2014, Article 5 paragraph (1)
 1. Keep or not including his name on the copy in connection with the use of his work
for the public;
2. Using his alias or pseudonym;
3. Changing his creation according to the appropriateness of society;
4. Change the title and sub-title of the work; and
5. Defend their rights in the event of work distortion, work mutilation, creation
modification, or things that are detrimental to one's honor or reputation.

Meanwhile, economic rights are the exclusive rights of creators or copyright holders
to obtain economic benefits for works.6

Allegations of copyright infringement in the conversion of newsletter content into

sound recordings of podcast content, it can be said that the creator as the exclusive rights
holder has a major role. As long as the translation is carried out with his consent or
permission and he has no objection, then it is not a copyright infringement. However, if the
opposite happens, then the conversion is a copyright violation.

E. SOLUTIONS (IN DEALING WITH COPYRIGHT INFRINGEMENT)

If someone wants to register his / her work, then here are the terms and procedures:

 Fill in the creation registration form that has been provided in Indonesian and typed in
triplicate. The first sheet of the form is signed on a stamp Rp. 6000.00;
 The application for registration of works includes:
 The name, nationality and address of the creator.
 The name, nationality and address of the copyright holder; name of nationality and
address of attorney; type and title of creation.
 Date and place of creation is announced for the first time.
 Description of the work (3 copies).
 Application for registration of creation can only be submitted for one work.
 Attach proof of citizenship of the creator and copyright holder in the form of a
photocopy of ID card or passport.
 If application legal entity, then the application letter must be attached with an official
derivative of the legal entity's deed of establishment.

6
Republic of Indonesia, Law no. 28 of 2014, Article 8
 Attach a power of attorney, if the application is submitted by a proxy, along with proof
of citizenship of the power of attorney.
 If the applicant does not reside in the territory of the Republic of Indonesia, then for the
purposes of the application for registration the creation must have a place of residence
and appoint a proxy within the territory of the Republic of Indonesia.
 If the application for registration of a work is submitted on behalf of more than one
person and / or a legal entity, all the names of the applicant must be written down,
specifying one address of the applicant.
 If the work has been submitted moved, in order to attach proof of transfer of rights.
 Attach a sample of the work that is being applied for registration or its replacement.

Copyright can also be registered online, here's how steps to managing copyright
online:

 Go to the e-hakcipta.dgip.go.id site

 Register to get a username and password.
 Login using the username provided.
 Upload the required documents.
 Make a payment after getting a copyright registration payment code.
 Waiting for the checking process, checking the formal requirements documents, if it is
included in the excluded type of work category, verification is done, uploading the
required documents.
 Approval, the certificate can be downloaded and printed by the applicant himself.
 CHAPTER III
CLOSING

A. CONCLUSION
From the description above, we can conclude that copyright is needed for a
creator to protect his work from plagiarism. With legal protection for a work, someone
will not copy the work, because the work is protected by law and for anyone who
violates it will be subject to criminal sanctions. But it does not rule out that as
technology becomes more sophisticated, copyright infringement can often occur in
life, even legal protection of copyright can be violated easily. So, we must continue to
pay close attention to this issue wherever and whenever.
B. ADVICE
Copyright is a right that has very high economic value for the holder, therefore
it is appropriate for the government to be serious in overcoming this violation of
copyright, this is so that copyright holders do not feel neglected and their copyright
works can be recognized and protected by the government.