Inul Daratista respond to the allegations laid on copyright infringement by PT. Inul Vista against Radja band, a karaoke belongs to Inul, has been accused of using a song called 'Parah' without permission of Radja.

Band led by Ian Kasela also have reported some karaoke places like Inul Vizta, Diva Karaoke, Happy Puppy and Nav Karaoke. According to Radja's attorney, Yanuar Bagus Sasmito, the use of Radja's song is a form of copyright violations, because a song called 'Parah' has already in some karaoke places, but has not been officially released. Yanuar also added, that is not a matter of the stolen song has been deleted or not. However it is copyright infringement because commercialize a song without permission of the composer.

The feud between the band and the famous dangdut singer of the city heats up because of several meetings have not found a resolution. In addition, Ian Kasela confirmed that the Radja band did not make an agreement with any party, to allow the song spread.

Inul pleaded not alone now, because the PAPPRI association has already covered all the problems that exist in the members. "So far I still have not received a summon, we will wait. Yesterday had a meeting, I think it does not produce anything good. They still file a lawsuit. We have joined the associate, Ian also report all included in PAPPRI (United Artists Singers Songwriters and Musicians Republic of Indonesia). It has all also been incorporated and it's all got a summon from him, so we're going to deal with it together. Hopefully there is a better way, "said Inul, when met at the press conference of Indosiar's 19th anniversary, SCTV Tower, Senayan, Jakarta, Friday (3/1).

Owner of 'Goyang Ngebor' looks resigned to feud with Radja band, band of 5 members began reporting karaoke song brand that has been spreaded to the Police Headquarters on January 3, 2014.

Not only PT Inul Vista Pratama, Radja is also dragged PT Diva Head Office, PT Charly Family Karaoke, PT Imperium Happy Puppy, and PT Nav Karaoke, because the five companied are deemed to have violated karaoke Copyright belongs to Radja.

In the near future Radja will also report another karaoke place to the police. "Later, after this there will be a sequel, there will be reported again. Larger karaoke place," said Ian Kasela, vocalist of Radja at Police Headquarters, Kebayoran Baru, South Jakarta, Monday (01/13/2014).

Inul seems ready to be summoned by the authorities to deal with the legal case. "I'm ready to be summoned. I have been summoned frequently, until I was pregnant I've came for a summon," he explained.

Source : Kapanlagi.com, tribun news.com, Wartakota, lensaindonesia.com, detik hot, liputan6.com

Legal Analysis

Development of music in Indonesia is very fast, as time goes by competition in the music industry is also increasingly stringent, the rise of the entertainment business today cause the music industry has become an industry that brings many advantages and is taken into account, it also causes the people involved in this industry have revenues rose sharply.

Many of the musicians, songwriters and composers vying to produce creative works in the form of a song or a good music, competition in the music industry is certainly motivated by the magnitude of the benefits of the music industry. No wonder all those involved in the industry also have a high income.

The amount of profit that can be earned in the music industry led to a lot of parties that commit fraud to take advantage in ways that are not justified, a violation in the field of music or songs that often occurs in Indonesia in general is piracy.

Song or music is a copyrighted work is protected under copyright. A songwriter has the exclusive right to publish or reproduce creations or give permission to others to do so in accordance with Act No. 19 of 2002 on Copyright.

Copyright infringement is a violation of the exclusive rights contained in it, namely the economic rights and moral rights, economic rights is the right to receive the economic benefits of Creation as well as products related rights and moral rights are rights inherent in the Composer or the perpetrator can not be eliminated or deleted without any reason.

The composer has the exclusive rights protected by law and the protection of the composer is not intended to economically disenfranchised of the works arising and the birth of his intellectual abilities.

Copyright itself is an exclusive right for the author or copyright holder to publish or reproduce his creations, which arises automatically once a creature born without reducing the restrictions under the legislation in force and under Article 2, paragraph 1 of Act No. 19 of 2002 on Copyright, a songwriter has exclusive rights to publish or reproduce creation and giving permission to another party, to do this right.

In the sense of "publish or reproduce", including activities translating, adapting, arranging, modify, sell, lease, loan, import, display, publicly perform, broadcast, record, and communicate a work to the public by any means. Based on those parties who wish to use any form of work of creation belongs to someone else, then he must first ask permission from the creator or the copyright holder.

In the case of unauthorized use of Radja's song and used for commercial purposes by Inul Vista karaoke can be categorized as a form of announcing and publicizing the activities of a work and done for commercial purposes, which is definitely going to be profitable for the owner of the karaoke, but on the other hand would be detrimental to the owner and moreover composer of the song has not been officially released.

Under Copyright law all those who use copyrighted works in the form of a song by someone else then that person is obliged to first ask permission of the copyright holders of the song and have to pay royalties if used for commercial purposes.

All forms of announcement and publication of a copyrighted work for commercial kepentian should the creators permission and no royalty payments, because the song / music is the intellectual property of the person. Royalties are payments made to the owner of the copyright in his copyrighted works that have been used. Copyright law has provided space for the protection of works of art, especially the song and / or music that create an environment that will stimulate the creativity of the creator to produce creative works in the form of a song or musical quality.

Copyright holders and creators of the song certainly does not have the ability to monitor any use of copyrighted works owned by others, especially to find out how many songs copyrighted works have been played elsewhere, for they erected an institution that Cipta Karya Indonesia Foundation (YKCI) as facilitator between the creator of the users of copyrighted works, such as royalty payments are distributed through YKCI and issuing licenses to users and users of copyright.

YKCI have the right to collect royalties for the songs that users use the creator songs for commercial purposes. Like the songs used in the Karaoke place, including managed by Vizta Pratama.

Yayasan Karya Cipta Indonesia, which was established in June 12, 1990 to grant a license in the form of CERTIFICATE OF LICENSE ANNOUNCEMENT OF MUSIC (SPLM) KCI in public places such as karaoke and discos, hotels, apartments and hospitals, restaurants, cafes and pubs music, air transport, land and sea, shops and offices. Broadcast media such as television and radio stations. Concerts, cinema, digital transmission such as streaming video dams music, websites, music downloading.

Copyright infringement may be liable as stated under Article 72 of Law No.. 19 of 2002, which inter alia reads as follows:

1. Anyone who intentionally and without right to publish or reproduce a work or permission for the members, shall be punished with imprisonment of 7 (seven) years and / or a maximum fine of Rp. 5,000,000,000,- (five billion rupiah).
2. Anyone who intentionally broadcast, display, distribute, or sell to the public of a work or goods resulting from infringement of copyright or related rights referred to in paragraph (1), shall be punished with imprisonment of 5 (five) years and / or a fine of not more Rp. 500.000.000,- (five hundred million rupiah).

Related to have it protects the rights of creators in the Act, then there should be no more violations in Indonesia's music industry can be expected of law enforcement and can act decisively in dealing with cases of copyright infringement.