The Importance of Copyright Protection in the Creative Industry

Oct 13, 2025 by windailys.com 121 views

Compensation for Business Actors Against the Use of Songs Without Permission of Songwriters: A Study of Supreme Court Decision No. 991 K/Pdt.Sus-HKI/2022

The Importance of Copyright Protection in the Creative Industry

The creative industry has experienced significant growth in recent years, with the use of songs or music protected by copyright becoming increasingly common for commercial purposes. However, in practice, many business actors often use these songs without first obtaining permission from the creator or copyright holder. This situation can lead to legal problems, especially related to the amount of compensation that must be paid by business actors to the creator or copyright holder for the copyright violation. In this article, we will discuss the legal consequences of the use of songs without the author's permission according to Law No. 28 of 2014 concerning Copyright, as well as civil sanctions in the form of compensation for the use of songs without permission and Supreme Court Decree No. 991 K/Pdt.Sus-HKI/2022 which provides justice for the Creators.

The Use of Songs Without Permission: A Legal Conundrum

The use of songs without permission by business actors can be subject to civil sanctions in the form of obligations to pay compensation to writers whose rights are violated. Article 96 paragraph (1) of the Copyright Law No. 28 of 2014 stipulates that the amount of compensation is determined based on clear losses that can be proven clearly and in detail, both material and immaterial losses. The Commercial Court has the authority to examine and decide on compensation claims for copyright violations. In the case of the songwriter of the song "SKJ 88", the Supreme Court's decision No. 991 K/Pdt.Sus-HKI/2022 provides fair material compensation based on evidence of existing losses, although immaterial compensation is not fully fulfilled.

The Importance of Copyright Protection in Indonesia

This case provides valuable insight into the importance of copyright protection in Indonesia, especially for music creators. In the increasingly developing creative industry context, business actors must be more aware of legal risks that can arise due to the use of work without permission. In the long run, compliance with copyright law not only protects the Creator, but also encourages greater innovation and creativity in the industry.

The Role of the Supreme Court in Enforcing Copyright Law

The Supreme Court's decision related to compensation is also an important precedent in the enforcement of copyright law in Indonesia. The court does not only function as a place to resolve disputes, but also as an institution that ensures that the rights of the creator are respected and protected. In this case, the decision to provide material compensation in accordance with proof of loss is a positive step in upholding justice for songwriters.

Preventive Measures for Business Actors

For business actors, it is essential to understand that ignoring the permission to use the work can lead to significant legal consequences. Therefore, they should take preventive steps, such as obtaining permission and respecting copyright, to avoid potential conflicts and financial losses in the future. Thus, recognition and appreciation for intellectual works can create a healthy and sustainable creative ecosystem.

Conclusion

In conclusion, the use of songs without permission by business actors can lead to significant legal consequences, including civil sanctions in the form of compensation to writers whose rights are violated. The Supreme Court's decision No. 991 K/Pdt.Sus-HKI/2022 provides valuable insight into the importance of copyright protection in Indonesia, especially for music creators. Business actors must be more aware of legal risks that can arise due to the use of work without permission and take preventive steps to avoid potential conflicts and financial losses in the future.

Recommendations

Based on the analysis of the case, the following recommendations can be made:

Business actors should obtain permission from the creator or copyright holder before using songs or music protected by copyright for commercial purposes.
The Commercial Court should continue to play an active role in examining and deciding on compensation claims for copyright violations.
The Supreme Court's decision No. 991 K/Pdt.Sus-HKI/2022 should be used as a precedent in the enforcement of copyright law in Indonesia.
Business actors should recognize and appreciate intellectual works by respecting copyright and taking preventive steps to avoid potential conflicts and financial losses in the future.

Future Research Directions

Future research directions can include:

A study on the impact of copyright protection on the creative industry in Indonesia.
An analysis of the effectiveness of the Commercial Court in examining and deciding on compensation claims for copyright violations.
An examination of the role of the Supreme Court in enforcing copyright law in Indonesia.
A study on the recognition and appreciation of intellectual works by business actors in Indonesia.

References

Law No. 28 of 2014 concerning Copyright.
Supreme Court Decree No. 991 K/Pdt.Sus-HKI/2022.
Literature studies on copyright protection and the creative industry in Indonesia.

Appendix

A list of relevant laws and regulations related to copyright protection in Indonesia.
A list of relevant court decisions related to copyright protection in Indonesia.
A list of relevant literature studies on copyright protection and the creative industry in Indonesia.
Frequently Asked Questions (FAQs) About Compensation for Business Actors Against the Use of Songs Without Permission of Songwriters

Q: What is the purpose of copyright protection in Indonesia?

A: The purpose of copyright protection in Indonesia is to protect the rights of creators and authors of original works, such as music, literature, and art, by granting them exclusive rights to reproduce, distribute, and display their works.

Q: What are the consequences of using songs without permission in Indonesia?

A: The consequences of using songs without permission in Indonesia can include civil sanctions in the form of obligations to pay compensation to writers whose rights are violated. The amount of compensation is determined based on clear losses that can be proven clearly and in detail, both material and immaterial losses.

Q: Who is responsible for paying compensation for the use of songs without permission?

A: The business actor who uses the song without permission is responsible for paying compensation to the writer whose rights are violated.

Q: How is the amount of compensation determined?

A: The amount of compensation is determined based on clear losses that can be proven clearly and in detail, both material and immaterial losses.

Q: What is the role of the Commercial Court in examining and deciding on compensation claims for copyright violations?

A: The Commercial Court has the authority to examine and decide on compensation claims for copyright violations.

Q: What is the significance of Supreme Court Decree No. 991 K/Pdt.Sus-HKI/2022?

A: The Supreme Court's decision No. 991 K/Pdt.Sus-HKI/2022 provides fair material compensation based on evidence of existing losses, although immaterial compensation is not fully fulfilled. This decision is an important precedent in the enforcement of copyright law in Indonesia.

Q: What are the preventive measures that business actors can take to avoid potential conflicts and financial losses?

A: Business actors can take preventive measures, such as obtaining permission and respecting copyright, to avoid potential conflicts and financial losses in the future.

Q: How can business actors recognize and appreciate intellectual works?

A: Business actors can recognize and appreciate intellectual works by respecting copyright and taking preventive steps to avoid potential conflicts and financial losses in the future.

Q: What are the future research directions related to copyright protection in Indonesia?

A: Future research directions can include a study on the impact of copyright protection on the creative industry in Indonesia, an analysis of the effectiveness of the Commercial Court in examining and deciding on compensation claims for copyright violations, and an examination of the role of the Supreme Court in enforcing copyright law in Indonesia.

Q: What are the references used in this article?

A: The references used in this article include Law No. 28 of 2014 concerning Copyright, Supreme Court Decree No. 991 K/Pdt.Sus-HKI/2022, and literature studies on copyright protection and the creative industry in Indonesia.

Q: What is the appendix of this article?

A: The appendix of this article includes a list of relevant laws and regulations related to copyright protection in Indonesia, a list of relevant court decisions related to copyright protection in Indonesia, and a list of relevant literature studies on copyright protection and the creative industry in Indonesia.