FOREWORD

We thank God SWT so that the preparation of this paper on “Enforcement of Song Copyright” can be resolved in time. In addition, we would like to express our deepest gratitude to the “COMPUTER & COMMUNITY” lecturers for their guidance and motivation.

Computers and Communities are courses that really need to be developed and understood considering their huge role in education, especially in the IT field with its code of ethics and problems, especially problems that we discuss all kinds of businesses in the world or the computer field.

The author is aware of the shortcomings in the preparation of this paper. Because of that we really hope for constructive criticism and suggestions from all parties for the perfection of this paper.

Tangerang, May 6, 2018

TABLE OF CONTENTS

FOREWORD

CHAPTER I

PRELIMINARY

1.1 Background

1.2 Identification of Problems

1.3 Problem Formulation

1.4 Purpose of Writing

CHAPTER II

DISCUSSION

2.1 Definition of Copyright

2.2 Copyright Sanctions

2.3 Efforts to Overcome Copyright Violations Against Songs

CHAPTER III

COVER

3.1 Conclusions

3.2 Suggestions

BIBLIOGRAPHY

CHAPTER I

PRELIMINARY

1.1 Background

Song Hijacking is one of the Copyright violations in the field of music that is currently rife in Indonesia both in the real world in the form of Compact Discs (CDs) or pirated Video Compact Discs (VCDs) and in the form of download links illegal songs or music that are spread on websites. There are so many cases of copyright violations that occur in Indonesia, of course, is something that is troubling the creators of a work. A form of someone’s creativity that should be appreciated, it is actually used as an opportunity to seek benefits for various parties who are not responsible.

1.2 Identification of Problems

The research problems that the authors propose can be identified as follows:

Definition of copyright
Criminal sanctions for copyright
Efforts to overcome copyright infringement on songs

1.3 Problem Formulation

What does copyright mean?
How about copyright sanctions?
How do you deal with copyright infringement on songs?

1.4 Purpose of Writing

Know the meaning of copyright
Can find out about copyright sanctions
Can find out how to deal with copyright infringement on songs

CHAPTER II

DISCUSSION

2.1 Definition of Copyright

Based on Law No. 19 of 2002, the definition of copyright is a special right for the creator and recipient of the right to announce or reproduce his creation or give permission for it by not reducing the restrictions according to the applicable laws and regulations. Copyright is an exclusive right, which means that other than the creator, other people are not entitled to it except with the permission of the creator. That right appears automatically after a creation.

According to Wikipedia, copyright is the exclusive right of the creator or copyright holder to regulate the use of the results of casting certain ideas or information. Basically, copyright is “the right to copy a work”. Copyright can also allow the right holder to limit the illegal copying of a work. In general, copyright has a limited validity period.

2.2 Copyright Sanctions

People who violate copyright will be subject to criminal sanctions according to the applicable law. Sanctions include:

Anyone who intentionally and without the right to do the actions referred to in article 2 paragraph (1) or article 49 paragraph (1) shall be punished with imprisonment of at least 1 (one) month and / or a fine of at least Rp. 1,000,000 (one million rupiah) or a maximum imprisonment of 7 years and a maximum fine of Rp. 5,000,000,000.00 (five billion rupiah).
Anyone who intentionally broadcasts, exhibits, distributes or sells to the public of a Work or goods resulting from a Copyright infringement or Related Rights as referred to in paragraph (1) shall be imprisoned for a maximum of 5 years and / or a fine of at most Rp. 500,000,000.00 (five hundred million rupiah).
Anyone who intentionally and without rights reproduces use for commercial purposes of a Computer Program is punished with a maximum imprisonment of 5 years and / or a fine of at most Rp. 500,000,000 (five hundred million rupiah).

Law enforcement of copyright is usually carried out by copyright holders in civil law, but there is also a side to criminal law. Criminal sanctions are generally imposed on serious fraudulent activities, but are now increasingly prevalent in other cases. Criminal sanctions for copyright infringement in Indonesia are generally threatened with imprisonment of at least one month and a maximum of seven years which can be accompanied or not accompanied by a fine of at least one million rupiahs and a maximum of five billion rupiahs, criminal copyright and the tools used to commit the crime were seized by the State to be destroyed (Law 19/2002 chapter XIII).

2.3 Efforts to Overcome Copyright Violations Against Songs

As we already know that a violation of a copyrighted work occurs when:

Exploitation (announcement, duplication and circulation) occurs for the commercial interest of a copyrighted work without first asking permission or obtaining a license from its creator / or his heirs. This includes plagiarism.
Removal of the creator’s name in his creation.
Reimbursement or change in the name of the creator in his creation which is carried out without the consent of the owner of the copyright.
Replacement or change of the title of a work without the consent of the creator or his heir.

Violations of a work made by individuals, in fact, are also carried out by corporations or corporate bodies. The criminal liability of a corporation that commits an unlawful act by violating the copyright of a person or legal entity can be imposed on the legal entity concerned, in this case the management of the legal entity is in accordance with the responsibilities according to the statute of the legal entity.

The Copyright Law also provides two legal means, which can be used to prosecute perpetrators of violations of copyright, namely through the means of criminal law instruments and civil law, even in the Copyright Law, settlement of disputes in the field of copyright can be done in outside the court through arbitration or other alternative dispute resolution. In Article 66 of the Law Copyright No. 19 of 2002 stated that: “the right to file a claim as referred to in article 55, article 56, and article 65 does not reduce the right of the state to make a claim against copyright infringement”.

CHAPTER III

COVER

3.1 Conclusions

Seeing the increasingly widespread piracy of music in the form of tapes, making the existence of Law Number 19 of 2002 concerning Copyright is questionable. It turned out that the Law had not been able to overcome the problems regarding violations of copyright, including rampant cassette piracy. Synchronization is needed between institutions authorized to enforce the law in the Copyright field. Not only from the police, prosecutors, government, musicians, and sellers, but the role of the wider community is needed in enforcing existing laws.

3.2 Suggestions

The suggestions that we can submit regarding copyright infringement cases include:

The government must provide socialization to all people to respect the results of one’s work.
The government must act decisively to punish the perpetrators involved in cases of copyright infringement in Indonesia.
The government requires each creator of a work to immediately register his work, so that there will be no plagiarism or piracy against the results of his work.
The government makes it easy for the creator of a work to register his work, through simple and convoluted procedures.
Every community participates in applying the applicable rules regarding copyright