Copyright in the digital Era in the protection of intellectual property rights in Indonesia
Ritawati, Raihan, Otom Mustomi, Mudakkir Iskandar Syah

Universitas Islam Jakarta

Abstract

Article 1 of the Copyright Act No. 28 of 2014 defines copyright as the exclusive right of the creator which arises automatically on the basis of the declarative principle after a creation is realized in the real form without reducing the restriction in accordance with the provisions of the legislation. The current Copyright Act appears to create a challenge for the Information and Communications Technology (ICT) community or often referred to as Information Communication Technology or ICT, including related industries such as telecommunications, broadcasting and content providers. This is due to sometimes different interpretations by law enforcement authorities of the importance of the understanding of intellectual property rights (IPR) in ICT or ICT convergence activities and the existence of the doctrine of fair use (fair use) in Article 15 UUHC. The problem that arises at the moment is how the form of the creative work is transferred to the digital form (format). Sometimes this leads to different interpretations including copyright infringement. When the song or music that was previously obtained in the form of cassettes or CDs, then what is the status if it has been MP3 or MP5 format? Whether it is still possible to categorize the work of creation of songs or computer programs. the problem of HKI protection in the ICT industry in Indonesia becomes very significant. In addition, Indonesia^s commitment to the World Trade Organization (WTO), in particular the General Agreement on Trade in Services (GATS) and the general agreement on trade in intellectual property rights (TRIPs), will provide benefits in terms of legal certainty for foreign investors and attractiveness and incentives for investments in the ICT industry. The aim of this research is to find a solution to the problem of copyright in the digital age by advancing the protection of the exclusive rights of creators in the field of Information and Communications Technology with the presence of the doctrine of obligation. (fair use). In addition, it is also to seek legal solutions by analyzing the policy of the government against the regulations of applicable laws, without causing damage to the society and the occurrence of overlapping regulations. The research method used in this research is normative legal research. with the use of library materials as basic data that in the science of legal research is classified as secondary data. Thus, facing the conflict of Intellectual Property Rights in the ICT industry requires integrated legal protection between policy regulation and optimal law enforcement

Keywords: Copyright, ICT, Law Protection

Topic: International Law