BUSINESS LAW ASSIGNMENT
BY
:
REEFA MUCHTYA AYU S
1214210265
International Class
Faculty of Economics and Business, Pancasila University
PREFACE
Thank God we pray to God Almighty,
because upon his approval, we can finish the paper with the title "BUSINESS
LAW ENFORCEMENT IN PIRACY COPYRIGHT OR MUSIC SONG." This paper is one of
the tasks of the subjects Social Science and Culture
This paper can’t possible being resolved without a help from various
people.
In this occasion, we would like to thank:
1. Mr. Prof. Dr. Faisal Santiago,
SH., MM
2. All those who participated in the
preparation of this Paper.
We
wish all the good that has been given its rightful rewarded by God Almighty.
Amin
Jakarta,
June 2015
author
CHAPTER I
INTRODUCTION
INTRODUCTION
A. Background
Intellectual Property
Right or often abbreviated to intellectual property rights are rights given to
people over the results of their thoughts. Usually granted exclusive rights
over the use of the results of the creators of ideas within a certain time. The
ideas can be realized in writing, artistic creation, symbols, names, images,
and designs used in commercial activities. One of the products of IPR is
Copyright. The notion of copyright, namely the exclusive right for the author
to publish or reproduce his creations.
Perhaps many of us are
not aware that we do in our daily activities - day had violated the copyrights
of others. None other than the offense is plowing activities. Plow-plowing
activities have been accepted and become an activity that is considered lawful
by our society. The practice of copyright piracy in Indonesia from year to year
tends to increase dramatically and was very alarming. One of the facts on the
ground such as occurs in the music industry.
According to the
Recording Industry Association of Indonesia (ASIRI), piracy of music industry
in Indonesia showed the most significant figures. The most disadvantaged party
is coming from the musician or songwriter whose work was hijacked. Their
efforts in search of inspiration songs and expenses are not small in the
production process was not respected and protected by the state. The results of
their copyrighted works easily hijacked and distributed by others to their
personal interests. Not a few of the artists or musicians whose work is in
demand by the public was not able to continue his career because their products
are sold officially in the market as invalid.
The most influential
party is the party that circulate piracy. The number of counterfeit cassettes
in the market to buy a fishing community with a more affordable price. Unit
price ranged between Rp.5000.00 – Rp.6000.00. When compared with the original
price, then it would be multiplied 10x to Rp 50,000.00. This is the reason why
people prefer to buy pirated tapes. Because it is cheaper, then they will
ignore copyright violations they have done.
Legally, the government
has issued Law No. 19 of 2002 on Copyright. Law No. 19 of 2002 which is a
refinement of Act No. 12 of 1997 on Copyright. However, whether the law - this
law has been able to channel a deterrent effect to the perpetrators dealers of
pirated cassettes? Apparently a lot of actors out there who do not feel the
deterrent effect of his actions, as well as their awareness about abuses was
underappreciated. In this case, Law on Copyright is not able to control the
rampant piracy tapes on the market.
B.
Problem Formulation
1.
What is the understanding of IPR?
2.
What is the impact after the hijacking happened?
3.
Why is piracy can happen?
4.
How is the legal protection of works of music in the form of tapes in
Indonesia?
C.
Purpose
1.
To determine the understanding of IPR.
2.
To determine the impact that occurs in the presence of piracy.
3.
Can explain how piracy can occur.
4.
To determine the legal protection of works of music in the form of tapes
in Indonesia.
D.
Writing Method
Writing this paper uses the method of literary (Library Research), namely, the data and information collect techniques, by making books, newspapers related to the problem being studied or discussed. In addition, we also utilize internet technology as a reliable source for our papers.
Writing this paper uses the method of literary (Library Research), namely, the data and information collect techniques, by making books, newspapers related to the problem being studied or discussed. In addition, we also utilize internet technology as a reliable source for our papers.
E. Writing Systematics
This paper consists of three chapter. Chapter I, describes the background of the problem, the purpose of writing, writing methods and writing systematics. Chapter II, Discussion accordance with the formulation of the problem. Chapter III, the last chapter in which the authors draw conclusions nad suggestions from the whole discussion.
CHAPTER
II
DISCUSSION
DISCUSSION
A. INTELLECTUAL PROPERTY RIGHTS
IPR
is an exclusive right granted to an individual country, a group of people, or
institutions to hold power in the use and benefit from intellectual property
owned or created. The term IPR is a translation of Intellectual Property Rights
(IPR), as stipulated in the law No. 7 of 1994 on the ratification of the WTO
(Agreement Establishing the World Trade Organization). Understanding Intellectual
Property Right itself is an understanding of property rights arising from human
intellectual ability, who have a relationship with someone in person, namely
the right of human rights (human rights).
The term IPR
previously named Intellectual Property that has been used. According to Bambang
Kesowo, the term Intellectual Property Rights not describe the basic elements
that make up the definition of Intellectual Property Rights, namely the ability
of intellectual property rights. The term Intellectual Property Rights (HMI) is
still widely used because it is considered logical to choose a consistent step
in the framework of normative. HMI term originates in the conception Hak
material contained in the Civil Code Section 499, 501, 502, 503, 504.
In broad
outline of intellectual property rights is divided into two parts, namely
copyright (copyright) and patents (patent), industrial design rights
(industrial design), trademark rights (trademark), the right response to
anti-competitive practices (repression of unfair competition) , layout designs
of integrated circuits (layout design of integrated circuit), and trade secret
rights (trade secret).
Intellectual Property Rights system is the right of
private (private rights). This is where the hallmark of intellectual property
rights. One is free to apply or enroll intellectual works / does not. Exclusive
rights were given by the state, the individual perpetrators of intellectual
property rights (inventor, creator or designer) intended as a reward for their
work and so that other people can be encouraged to further develop it again, so
that the system of intellectual property rights that the public interest is
determined through market mechanisms.
B. BUSINESS LAW
ENFORCEMENT IN PIRACY COPYRIGHT OR MUSIC SONG
Indonesian law enforcement and crime in the field of
Intellectual Property Rights (IPR) is an ongoing crime in this country. Various
kinds of products were soft targets. This is evident from the extent of the
circulation of illegal VCDs and various counterfeit consumer goods (consumers
goods) and accessories such as clothing, shoes, perfumes, watches and so forth.
Crime is not only increasingly widespread, but increasingly sophisticated since
the counterfeiters using modern technologies that facilitate illegal activity.
It's important look at the background and reasons for counterfeiting and
piracy. Allegedly there are a number of companies who import counterfeit
products by using well-known brands abroad. Also suspected perpetrators of
piracy VCD, CD, and DVD is no longer an individual. Already in the form of a
company with a very large turnover and marketing network is very extensive. In
addition, today's society there is a tendency to buy products with famous brand
that is not genuine. The reason the price is very cheap compared to the
original product, hunted by a pirated DVD movie lovers because it is faster to
bring the films or the latest music album.
With
the amount of work that is hijacked and the magnitude of losses that have been suffered
by both the creators, industry (employers) nor the government, we saw something
that was not running in the system of protection of our Intellectual Property
Rights. IPR system is a combination of roles between the inventor or creator
(inventor), employers (industry) and protective laws. no integral understanding
in the community, resulted in delays in the IPR system and cause problems in
the implementation. No operation of the legal system (regulation) regarding IPR
is due to the complexity of the problems that exist in society, which is partly
due to: First, law enforcement - As one of the causes of the rampant piracy of
VCD is less specifically law enforcement agencies in dealing with violations.
The low sentence given to violators of
Intellectual Property Rights would signify law enforcement against offenders is
also a major factor of weak law enforcement in the field of IPR. During this
enforcement of VCD piracy that occurs only upon request and only sporadic Cuma.
This indicates the absence of government goodwill. So rampant sale of pirated
VCDs, even sometimes done under the noses of officials, of course, this can not
go unpunished. Law enforcement in the field of copyright must be done seriously
and effectively. IPR infringement is an ordinary offense, but currently there
is clearly a permissive attitude or even imunity law enforcement community on
IPR violators. Attitude of the most competent in the field of law enforcement
on IPR in Indonesia is still frequent throwing responsibility. Eg police often
faced with the challenges of the IPR infringer actually has permission to run
the business doubling VCD. However, because the order is lacking, they also
doubled the illegal VCDs. For that police asked Depperindag to supervise the
business license has been issued, while Depperindag alone can not meet the
request of the police because they do not have the authority to conduct
surveillance or investigation. Other causes are the levels of knowledge and the
number of law enforcement officers in the field of intellectual property rights
is still inadequate.
Copyright arrangements in Indonesia based on the Law No. 6 of 1982 on
Copyright which was then revised by Act No. 7 of 1987 on the Amendment of Law
No. 8 of 1982 on Copyright. Given that Indonesia has become a member of WTO,
Indonesia has an obligation to implement the provisions of TRIPs in its
national legislation. Therefore, Law No. 7 of 1987 and Act No. 12 of 1997 and
then replaced by a new Act No. 19 of 2002 on Copyright. While government
regulations governing copyright is Government Regulation No. 14 of 1986 on the
Copyright Council. Copyright Council as stipulated in Law No. 19 of 2002 which
consists of representatives of the government, representatives of professional
organizations and community members who have competence in the field of
copyright role in providing counseling and guidance counselors as well as
copyright.
Copyright automatically arises when a work is born of a creator. Therefore
registration of an invention is not absolute, because without registration of
any person's copyright remains protected. Only, if not registered, proof of
copyright will be difficult and time consuming. When the creation is
registered, the person who registered regarded as the creator until it can be
proven in court that the registrant is not the creator. Registration of a work
organized by the Ministry of Justice Directorate General CD Copyright Patent
and Trademark, and announced in a general list creation that can be seen by
everyone without charge.
Copyright is the exclusive right for the author or recipient of the right,
among others
a) Announced
b) Increase creations
c) Giving permission for it by not reducing the restrictions according to
the legislation in force.
Only the creator who has any special rights (exclusive rights) protected
law to announce his creation, to multiply the creation and to give permission
to announce and to multiply the creation or the lifetime of the author plus 50
years after the author has died, this means that copyright can be passed on to
heirs as stated in Article 4, paragraph 1, which reads: "Copyright is
owned by the creator, which after its creator's death, belong to his heirs or
the recipient of the will, and copyright may not be confiscated, unless the
right it was obtained unlawfully ". Switch or transfer of copyright can
not be done orally, but must be done in writing either by notarial deed and not
by notarial deed. On a creation work in the arts, literature and science will
be attached to the two kinds of rights that Economic Rights (economic rights)
and Moral Rights (moral rights). So, if the copyright is transferred to a third
party by the creator, is basically a switch merely economic rights only, while
still attached to the moral rights of the creator himself. That is, on the
creation creator retains the right to have his name included as a creator and a
third party may not alter the author's creation as the original without
permission. And others who commit acts which are the creators of special
rights, both economic rights and moral rights, without permission or without
right is considered to have committed a violation of copyright.
Copyright
infringement as well as regulated in Article 14 paragraph (1) TRIPS Agreement
requires that offenders be given the right to prohibit other parties without
his consent, perform actions such as creating, reproduces or broadcasts and
sound recordings or drawings show, and broadcasts over a broadcasting work
using a wired or wireless transmission or communicating to the public of their
live performances. What is meant by violations that are prohibited in this case
is the act of infringement if it can harm creators economically, detrimental to
the interests of the country due to announce the creation of which is contrary
to government policy in the field of defense and security or contrary to public
order and decency. Violated the agreement means the offense of acts that are
not in accordance with the agreement that has been agreed between third parties
by the creator.
At least
there are several factors causing increased piracy activity Copyright songs or
music in Indonesia:
1. Lack of
knowledge of the majority of society towards the protection of Copyright
Intellectual Property (IPR), particularly regarding Copyright songs or music.
To that end, it is necessary once the socialization of the importance Copyright
Intellectual Property (IPR), especially in the field of song or music for the
community. Examples of articles that could make the materials of friends to
socialize the importance Copyright songs or music.
2. Economic
factors its Indonesian society itself who prefer to buy pirated songs or music
which is relatively cheaper or even free compared to the original song or music
/ original. The attitude of society is then used by the perpetrators of piracy
Copyright particularly in the field of song or music to piracy Copyright to
reap huge profits, without having to bother to think about the fate of the
creators who have taken the trouble to create such a work.
3. The attitude
of the people who tend to be prejudiced against law enforcement Copyright,
general law enforcement in Indonesia that seem disappointing such as the
corrupt who can get out of jail, the criminals who have better facilities at
the prison, the corrupt with light punishment, etc. This is the kind of
attitude that led to the birth of indifference to violations that occur due to
the rule of law that has impressed disappointing.
4. Advances in
technology turned out to bring good effects and bad in law enforcement
Copyright. The good impact is in line with advances in technology, especially
the internet, we can shop original song or music / original online music stores
sort MelOn Indonesia.
5. Piracy
Copyright result of low purchasing power. According to Abdul Bari, the former
Director General of Intellectual Property Law and Human Rights Ministry, the
number of piracy on the work of someone because purchasing power is still low.
He cited the circulation of pirated Video Compact Disc in Indonesia is rampant.
It was due to lower purchasing power. If you must buy a Video Compact Disc
original that cost tens of thousands of dollars, people can not afford. As a
result, they chose pirated goods whose price is very cheap.
6. Lack of serious
legal action for the perpetrators of criminal acts or the pirates, so that if
this situation is allowed to drag it will lead to the attitude that piracy is
already a common thing and no longer is against the law.
The impact of piracy tapes
Of the increasingly rampant piracy tapes in the
country, turned out to cause various effects for the government, musicians,
vendors, and consumers. These impacts, such as:
a.
People who make copyrighted works do not
earn money or profits from sales of his work.
b.
The government does not get revenue from
a sales tax copyrighted works. Lack of tax revenue would hamper economic growth
in our country.
c.
We as buyers become spoiled because of
the manner of using illegal matches without spending a lot of money.
d.
Others who rely on subsistence-making
process other people's work so come lose
Solution to Tackle
Piracy Songs
One solution to combat
music piracy is to digitize music from CD and DVD physical media into digital
form. This step has been done by Apple with iTunes and establish who founded
google google play that provides a means to legally purchase digital music.
Therefore, the record
label in the country should immediately invest in the development of digital
music is to be able to cope with the physical music piracy in the form of CD
and DVD. Based on the research it is known that piracy song one direction
through the Google search engine with keywords free one direction download
music known to as many as 135 million searches. If this conduct searches of 135
million downloads only as much as 20% and multiplied by the price of one of his
music for 10,000, the total losses from illegal downloading of songs is as much
as 405 billion.
Thus, digital music sales strategy
is one of the measures to combat piracy because current physical music sales in
the form of CD and DVD is only 40% while the rest is already leading to
digitization. 60% of digital music sales is still dominated by foreign players
such as iTunes, Deezer and Google Play.
CHAPTER III
CONCLUSIONS AND
SUGGESTIONS
A.
CONCLUSIONS
The wealth of art and culture is one source of
intellectual work that can and should be protected by law. the wealth of art
and culture that protected it can improve the well-being not only for the
creators, but also to the nation. In order to achieve this still needs to be
improved for member protection for intellectual works in the field of
Copyright, including efforts to promote the development of intellectual
property originating from the diversity of art and culture.
With
the amount of work that is hijacked and the magnitude of losses that have been
suffered by both the creators, industry (employers) nor the government, we saw
something that was not running in the system of protection of our Intellectual
Property Rights. IPR system is a combination of roles between the inventor or
creator (inventor), employers (industry) and protective laws. No integral
understanding in the community, resulted in delays in the IPR system and cause
problems in the implementation. The low sentence given to violators of
Intellectual Property Rights would signify law enforcement against offenders is
also a major factor of weak law enforcement in the field of IPR.
B.
SUGGESTIONS
Should
government regulation as the implementation of the Copyright Act, especially
with regard to the establishment of temporary and procedural law in the field
of IPR so that these provisions can be implemented consistently.
The need for
improved understanding and knowledge of the substance of copyright law for law enforcement
officials, so as to achieve a common perception and understanding in the
implementation. This can be done through seminars, training. In addition it
should be made Joint Decree (SKB) which is the legal basis to regulate
inter-agency coordination in order melaksanan Copyright Act and held his case
with the spirit of transparency, accountability and participatory involving all
parties.
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