COPYRIGHT

INFRINGEMENT BY
INUL VIZTA

Rokhana Kudus Al Hajj

C2D015001

Copyright is the exclusive right of

the creator that arise
automatically based on the
principle of declarative after a
work embodied in a tangible form
without reducing restrictions in
accordance with the provisions of
the legislation
Copyright allows a person or
group of persons to gain
advantage over the use of results
of its creation. Copyright is
granted and regulated by the
state

Royalty payment of music and song

copyright are very complex because it
consists of various mechanisms as
stipulated in Law No. 28/2014 on
Copyright . In its implementation , the
royalty collection refers to standards
created
Collective Management
Collective
Management
Organization is an
Organization
institution whose
non-profit legal entity
authorized by the Creator , the Copyright
Holder , and / or related rights owners to
manage their economic rights in the form
of collecting and distributing royalties .
Application of royalties collection
mechanism and the amount of royalties
set by the Collective Management
Organization also still has many obstacles
and violations . Examples of Collective
Management Organization is Yayasan
Cipta Karya Indonesia ( YKCI ) , Forum for
Music Indonesia ( Wami ) , Recording

PT Vizta Pratama as a business owner of Inul

Vizta Karaoke presumably has multiple
violations of copyright . Inul Vizta karaoke has
its head quarters in Kelapa Gading is one of the
biggest karaoke in Indonesia has more than 80
outlets in the country. Majority shareholder is
Inul Daratista and Managing Director is Mr. Kim

Copyright violations committed by Inul

Vizta karaoke
Nagaswara
Radja
Yayasan

Yayasan Karya Cipta

Indonesia (YKCI)

Yayasan Karya Cipta Indonesia ( YKCI ) complained Inul

Vizta to the Central Jakarta District Court related to a
license to use the song . Inul Vizta accused of ignoring the
rights of the songwriter stipulated by law . The accusation
leveled by Yayasan Karya Cipta Indonesia ( KCI ) , the
creator of the song was to question the lack of royalties
they receive during this time of Inul Vizta . PT Vizta
Pratama as the holder of a trademark Inul Vizta Karaoke
reluctant to pay royalties on songs composed by the
creator of the song in the karaoke . In fact , Inul Vizta
Karaoke continue to request payment relief . As a result ,

According to article 72 paragraph ( 1 ) of the

Copyright Act that the action announcement or
reproduction of a work intentionally and without
permission of the creator or copyright holder is
an act of copyright infringement
Some outlets of karaoke Inul Vizta own expiration permit
licenses to playback music and songs. However, after the
expiry of the license permit , outlets owned by PT. Vizta
Pratama above still use the expiration music and songs
that became KCI repertoire without an extension of the
license in advance . Thus the outlets had committed
copyright infringement as stipulated in article 45
paragraph ( 1 ) and ( 3 ) Jo . Article 2 ( 1 ) of the Copyright
Act . PT Vizta Pratama obliged to pay royalties on the use

RADJA BAND

Radja Band reported Inul Vizta to

Headquarters Police because they use the
song "Parah " without permission and the song
is still in the process of release with foreign
parties . Radja Band got the loss of contracts
with foreign parties , namely cutting the value
of their cooperation agreement . Because the
song " Parah " is already used by Inul Vizta

NAGASWARA

Nagaswara as the plaintiff considered Inul Vizta

infringed copyright by distributing and copying songs
without paying royalties to the producer and
songwriter . Inul Vizta considered using pirated video
clips to the songs of Nagaswara in its karaoke home .
PT Nagaswara brougt Inul Vizta for displaying video
clips of Bara Bere that is sung by Siti Badriah and
Insong
the case
InulSaja
Viztapopularized
, Nagaswaraby
and
Radja
Band
SatuofJam
zaskia
Gotik
use without
of videoprior
clips permission
without theto
permission
Nagaswara.
of the
manufacturer and broadcast it for commercial
purposes by karaoke Inul Vista can be categorized as a
form of activity announce and publish a work and is
done for commercial purposes , which would certainly
be profitable for the owner of karaoke , but on the
other hand would be detrimental to the owner and
creator of the song even more so the song has not

Under the law Copyright all those who

use copyrighted works such as songs
belonging to other people, then that
person is obliged to first request
permission from the copyright owner of
the song and had to pay royalties if they
are used for commercial purposes . All
Forms announcement of a copyrighted
work for commercial purposes must be
The mechanism of payment of royalty to
with the permission of the creator and
the announcement of copyrighted works
pay royalties
of music and songs is not regulated in
Law No. 28/2014 concerning copyright .
However, in practice it refers to a royalty
payment standard that was created by
the Collective Management
Organization .
MK use a base royalty rate calculation in
accordance with the provisions of CISAC

Rates Index = IUA x Occupancy

Rate x Working Days x
Audiobility x BEE

The basis for tariff calculation used

karaoke business has referred to the
international regulations, so that the
amount prescribed rate was
reasonable and consistent with the
principles of justice and ability .
Therefore , it is appropriate that the
PT . Vizta Pratama make payments of
royalties in accordance with a
predetermined rate

The provisions amount of royalties to be paid by the

user to the creator or copyright holder as stipulated in
article 45 paragraph ( 4 ) of the Copyright Act ,
beerdasarkan agreement of both parties with
reference to the agreement of professional
organizations is very difficult to implement . This
raises issues related to the amount of the royalties
stipulated by the Collective Management Organization
so that the Government needs to act as a facilitator in
case of any dispute regarding payment of royalty for
Collective Management and royalty calculation
their use of song and music

mechanism Institute has been set forth in the

Copyright Law . Users of Copyright and Related
Rights which utilizes Rights must pay royalties to
the Creator , the Copyright Holder , or the
owners of related rights , through a Collective
Management Organization

thank
you