The Effectiveness of Law Number 28 of 2014 Concerning Copyrights in Overcoming Copyright Infringement in Indonesia

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R. Rahaditya, Jeane Nelje Saly, Ariawan Gunadi

Résumé

This research aims to study: first, the effectiveness of Indonesian Copyright Law or “UUHC” in force in relation to the growing concern of copyright piracy carried out offline and online; second, the form of protection of economic rights of creators or copyright holders. A research on the effectiveness of Copyright Law to overcome copyright piracy in Indonesia is important because copyright infringement at present happens almost like an industry, for instance book piracy. This research uses empirical legal research methods that use empirical facts drawn from human behaviors.A normative juridical approach to be applied will focus on studying of the meaning, purpose and existence of the Copyright Law, and the economic rights of the creator or copyright holder. The empirical juridical approach in this study intends to analyze the problem by examining and testing the effectiveness of Law Number 28 of 2014 and conducting a field study in the forms of interviews, observations and opinion collections from parties related to the Law. Primary data from collected the field research and secondary data obtained from library research are analyzed using inductive qualitative analysis.The results of the research prove that the current Indonesian Copyright Law has not been effective in addressing copyright piracy, especially if the perpetrators of copyright crimes distribute pirated products in marketplaces. The implementation of the Copyright Law has not been effective yet because it stipulates that a copyright crime is an offense on condition of complaint. This leaves an impression that the UUHC does not sufficiently regulate the copyright issues.

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