Copyright disputes arise when there is a violation of someone’s creative work, such as music, books, or films. Understanding how to resolve these disputes is essential to protecting intellectual property rights in Indonesia.
What Is a Copyright Dispute?
A copyright dispute occurs when the copyright owner believes their work has been used without permission or when license terms are violated. These disputes can involve individuals, companies, or large institutions.
Methods of Resolving Copyright Disputes
There are several avenues to resolve these disputes:
1. Mediation
Disputing parties can seek mediation through the Alternative Dispute Resolution Institution (LAPS) to reach an amicable agreement. Advantage: faster and less costly than court proceedings.
2. Arbitration
If mediation fails, the dispute may be brought to the Indonesian National Arbitration Board (BANI). Arbitration decisions are final and binding.
3. Litigation
If alternative resolutions do not succeed, the aggrieved party may file a civil lawsuit in the Commercial Court. These lawsuits typically seek compensation or cessation of the infringement.
[Source: Law Number 28 of 2014 on Copyright]
The Role of DJKI and the Commercial Court
The Directorate General of Intellectual Property (DJKI) is responsible for registration, advocacy, and monitoring of copyright infringements. Meanwhile, the Commercial Court handles complex copyright dispute proceedings.
Benefits of Out-of-Court Settlement
- Faster process
- Lower cost
- Maintains business relationships
- Decisions can be more flexible based on the needs of the parties
Civil Lawsuit Process for Copyright Disputes
- The copyright owner files a lawsuit with the Commercial Court.
- The court processes the case according to procedural law.
- A ruling is issued, which may include compensation and an order to stop the infringement.
Example of a Copyright Dispute Case in Indonesia
One major case involved a copyright dispute over a song between two well-known musicians, which was ultimately resolved through mediation under the supervision of DJKI. This resolution prevented the conflict from escalating and preserved the reputations of both parties.
Copyright disputes in Indonesia can be resolved through alternative means or through the court system. Understanding the process, having strong evidence, and choosing the right method can increase the chances of a successful resolution.
If you need assistance with copyright matters, feel free to contact vOffice’s copyright, trademark, and IP registration services.
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FAQ
Q: Do copyright disputes always have to go to court?
A: No. You can opt for mediation or arbitration for a faster and more cost-effective solution.
Q: How long does a copyright dispute take in court?
A: It depends on the complexity of the case, but on average it can take 6–12 months.
Q: Do all works have to be registered with DJKI to file a lawsuit?
A: Registration is not mandatory, but it significantly strengthens your legal position in a dispute.
