Copyright disputes arise when there is an alleged unauthorized use of copyrighted material, leading to legal conflicts between creators, businesses, or third parties.
In Indonesia, copyright protection is governed by Law No. 28 of 2014 on Copyright (Copyright Law), which grants exclusive rights to creators and provides legal avenues for dispute resolution To navigate these disputes effectively, understanding the available legal mechanisms is crucial.
Legal Avenues for Resolving Copyright Disputes
The legal foundation for resolving copyright disputes in Indonesia is Law No. 28 of 2014 on Copyright (the “Copyright Law”). According to Article 95(1 of the law), copyright disputes generally fall into three categories:
- Unlawful acts (e.g., copyright infringement)
- Disputes over licensing agreements
- Disputes over royalty collection and fees
The Copyright Law stipulates that copyright disputes may be resolved through alternative dispute resolution (ADR), arbitration, or litigation. ADR includes mediation, negotiation, and conciliation, as regulated under Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution.
Jurisdiction for Copyright Disputes
Under Article 95(2) and (3) of the Copyright Law, the Commercial Court has exclusive jurisdiction over copyright disputes. According to Article 27(1) of Law No. 48 of 2009 on Judicial Power, the Commercial Court is a specialized court established under the jurisdiction of the Supreme Court of Indonesia.
Article 95(4) of the Copyright Law mandates that, except in cases of copyright piracy, parties involved in a copyright dispute must first attempt mediation before pursuing criminal charges, provided that all parties are identifiable and located within Indonesia.
Also read: Inilah Keuntungan Memiliki Hak Cipta
Litigation Process for Copyright Disputes
When ADR fails to resolve a dispute, parties may file a lawsuit in the Commercial Court. The Copyright Law outlines specific procedures that must be followed in copyright litigation, including:
- Determining Jurisdiction: The lawsuit must be filed in the Commercial Court, which has exclusive authority over intellectual property disputes.
- Filing a Lawsuit: The plaintiff must submit a legal complaint detailing the identities of the parties, the legal basis of the claim, supporting facts, and the relief sought.
- Case Registration and Hearing Schedule:
- The lawsuit is registered with the Commercial Court’s clerk.
- A receipt is issued on the same day of registration.
- The court assigns the case to a presiding judge within two days of registration.
- The court sets the first hearing within three days of registration.
- Court summonses must be issued to the parties within seven days of registration.
- Issuance of Court Rulings:
- The court must deliver its ruling within 90 days of registration.
- If an extension is necessary, the Supreme Court may authorize an additional 30 days.
- The final ruling is issued in a public hearing and must be formally notified to the parties within 14 days.
- Appeals Process: If a party is dissatisfied with the Commercial Court’s ruling, they may file a cassation appeal to the Supreme Court.
The court may order remedies such as compensation, an injunction to cease unauthorized use, or other appropriate legal measures in line with existing regulations.
Also read: Memahami Fair Use: Solusi Perlindungan Hak Cipta di Era Digital
Mitigating Copyright Dispute Risks
Copyright disputes can have serious financial and reputational consequences. To minimize these risks, businesses and copyright holders should implement preventive measures, including:
- Copyright Registration
While copyright protection arises automatically upon creation, formal registration with the Directorate General of Intellectual Property (DJKI) provides strong legal evidence of ownership in disputes.
- Well-Defined Contracts
Clear and comprehensive agreements are essential in copyright licensing, collaborations, and ownership transfers. Contracts should specify usage rights, duration, and legal consequences of breaches.
- Due Diligence Before Using Third-Party Works
Businesses must verify copyright ownership and secure proper licensing before using copyrighted materials to avoid potential legal issues.
- Digital Copyright Protection Mechanisms
Technology such as watermarks, encryption, and blockchain-based copyright tracking can help secure intellectual property.
- Copyright Awareness & Compliance Training
Many copyright violations occur due to a lack of understanding. Businesses should educate employees, partners, and clients on copyright laws and compliance requirements.
Copyright is a valuable asset that requires robust protection. Implementing proactive legal strategies can prevent disputes and ensure that intellectual property rights are safeguarded.
Also read: Memahami Durasi dan Jangka Waktu Hak Cipta
Protect Your Copyright, Preserve Your Legacy
Need Expert Legal Guidance on Copyright Protection and Dispute Resolution?
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Regulations:
- Undang-Undang Nomor 28 Tahun 2014 tentang Hak Cipta (“UU HC”).
- Undang-Undang Nomor 30 Tahun 1999 tentang Arbitrase dan Altenatif Penyelesaian Sengketa (“UU 30/1999”).
- Undang-Undang Nomor 48 Tahun 2009 tentang Kekuasaan Kehakiman (“UU 48/2009”).