Copyright infringement is a form of violation towards the copyright law. It is the usage of works that are protected by copyright law, without any permission of the copyright holder. To understand more about copyright infringement and to avoid doing such violation, keep reading this article.
What is a Copyright? In general, copyright is considered as the exclusive rights to perform or display, distribute, reproduce, and so on—of intellectual property and granted to the copyright holder. Usually, the copyright holder is the creator of that intellectual property. The copyright holder can also be a publisher or a company to whom copyright has been assigned. The intellectual property worthy of copyright may appear as an inspiration, imagination, thoughts, skill, or an invention that is expressed in a tangible form. According to Law of the Republic of Indonesia No.28/2014, copyright is the intellectual property in the field of science, art, and literature, which have a strategic role in supporting and promoting the development of the general welfare in the nation. Under this latest Copyright Law of Indonesia, the period of copyright protection is up to 70 years after the death of the creator of books and other written works, music, and songs, artworks such as paintings or sculptures, speeches and lectures, drama play and choreographic works, science inventions, architectural work, etc. If a legal entity owns this intellectual property, then the period of protection is 50 years from the time of publication. Copyright Infringement = Piracy? The term “piracy” has had a semantic shift; from its true meaning as a maritime robbery or illegal violence at sea. For centuries, the term piracy has also been used as a synonym to an act of copyright infringement. Piracy is defined as unauthorized use, copying, modification, distribution, or selling a copyrighted property. Indonesia is one of the countries with a severe problem of piracy—it is massive and grows rapidly throughout the years. In the use of illegal software, for instance, Indonesia ranked as the third biggest software piracy country in the world. Bad note of piracy cases in this country is also occur in the music industry, as well as book piracy. Copyright Infringement Disputes Copyright infringement disputes can arise in various ways. Most cases of copyright disputes are as followings:
Copyright infringement disputes are commonly resolved through direct meetings and negotiation. Another common practice of resolving a copyright dispute is by using a cease and desist letter or also known as a notice-and-take-down process. It is recommended to take legal advice before sending such a letter, as well as receiving this type of letter; as these letters can create certain implications for you and your business. For a larger scale of copyright dispute—especially a commercial violation, is sometimes prosecuted under the prime law. source: Indonesia's New Copyright Law, A Great Way To Deal With Copyright Infringement BP LAWYERS CAN HELP YOU: WE CAN ASSIST YOU IN PROVIDING THE BEST SOLUTION TO THE LEGAL PROBLEM OF YOUR BUSINESS OR YOUR COMPANY’S. YOU CAN CONTACT US VIA [email protected] OR +62 821 1000 4741
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June 2018
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