Benhard Tanuatmaja, Siane Esar, Camellia Anand, Monica Olivia,

Joshua K. Gani and Jesslyn Nathania

Magister Kenotariatan, Universitas Airlangga, Surabaya, Indonesia

Keywords: Copyright Law, Copyright Infringement.

Abstract: Technological advances open up more opportunities for copyright infringement because everything is

accessible through electronic devices so long as there is an internet connection. YouTube is a video-sharing

website, which means there are a lot of videos, including music videos, which have been uploaded. There are

websites, which provide the facility to download videos from YouTube and to convert them into a music file

(.mp3); this action is called stream ripping. Actions undertaken by the website have violated the creator’s

economic rights, namely by conducting distribution that is against Indonesia’s Copyright Law.

1 INTRODUCTION

The advancement of technology and information has

contributed greatly to the globalisation of the trade of

various creations with Intellectual Property Rights. In

Indonesia, Intellectual Property Rights, especially

those tied into the Copyright Act, were last amended

by Law Number 28 Year 2014.

Article 1, number 1 of the Copyright Act,

stipulates that copyright is an exclusive right of the

authors that arises automatically on the basis of a

declarative principle after a work is manifested in its

tangible form without prejudice to restrictions in

accordance with the provisions of legislation.

science, art, and literature that are already tangible or

in the form of an expression that can already be seen,

read, heard etc. Copyright cannot provide protection

against works that are still ideas, so the idea must be

expressed first in order to get protection. A copyright

Holder and / or creator has the exclusive right to grant

permission or to prohibit other persons from renting

their creations for commercial purposes.

Everyone must obtain permission from the creator

and the copyright holder if they wish to execute the

economic rights above. The Vision Team of Justice

states that "Any person who without the permission

of the Creator or the Copyright Holder who executes

the economic rights of a Work is prohibited from

committing or making use of the Works

commercially" (Yustisia, 2015).

Ahmad M. Ramli describes technology as a two-

edged sword: "Information technology today is a

double-edged sword, because in addition to

contributing to the improvement of welfare,

advancement and human civilization, this is as well

as being an effective means of unlawful acts" (Ramli,

2004). With these advances, there is a gap for

Jened, violations of copyright can be categorised as

direct infringement, the authorisation of

infringement, and indirect infringement (Jened,

2015).

Actions included in direct copyright infringement

are acts in the form of piracy of copyrighted material

without permission (Jened, 2015).

Today, the enforcement of copyright is challenged

by the rapid advances in technology, which can have

a positive or negative impact on the use of internet

media. The negative impact is the enforcement of

legal protection against the rampant occurrence of

Responding to these technological advances, Rahmi

Jened argues that: “When copyright and the rights

associated with copyright cannot be exploited on an

individual basis because the copyrighted work or

related rights work is used by a large number of users

at different times in different places, then

individually, the owner does not have the capacity to

monitor all usage, to negotiate with the users, and

collect any remunerations” (Jened, 2015).

The modern era comes with many applications

and sites that provide video services, one of which is

Tanuatmaja, B., Esar, S., Anand, C., Olivia, M., Gani, J. and Nathania, J.

DOI: 10.5220/0008819802430246

In Proceedings of the 4th International Conference on Contemporary Social and Political Affairs (ICoCSPA 2018), pages 243-246

ISBN: 978-989-758-393-3

243

YouTube. In the YouTube app, there is a download

feature, but the download feature will not store the

video to the device; the download feature is intended

to allow users to watch the video without using their

internet data quota. With no video stored to the

device, the video therefore cannot be moved to

another device.

With the rapid growth of technology, there are

now sites that provide a video download facility from

YouTube for free. These are known as ripping sites

(otherwise known as converters). Ripping sites

provide access to download videos or to even convert

videos from YouTube sites into .mp3 (audio) files.

These can then be downloaded to the user's device.

The difference between the download feature of the

YouTube app and the download feature of the ripping

site is that the file that is downloaded through the

ripping site will be stored on the device so it can then

be transferred to other devices. The presence of

ripping sites harms the creators of songs and other

parties concerned.

2 RESEARCH METHODS

The type of research used in this study was a literature

review to prepare the conceptual foundation and for

theory building, thus becoming the basis of the

hypotheses formulation. This study also used

interviews, which according to Kvale (1996: 174) are

“a conversation whose purpose is to gather

descriptions of the [life-world] of the interviewee”

with respect to the interpretation of the meanings of

the ‘described phenomena’.

3 RESULTS AND DISCUSSION

The Copyright Act uses a declarative system, which

means that protection is automatically obtained on the

condition that it is expressed in advance in a tangible

form. It requires no registration in advance for

protection when the idea has been expressed in a

tangible form; in this case, a song or music. At that

time, the song or music has copyright protection and

the creator automatically obtains exclusive rights to

his or her creation.

Exclusive Rights under Article 4 of the Copyright

Act consist of Moral Rights and Economic Rights.

Article 8 of the Copyright Act affirms that "Economic

Rights are the exclusive right of the creator or

their creation." Article 9, paragraph (1) of the

Economic Right to:

 Publish their creation;

 Duplicate their Creation in all of its forms;

 Translate the Creation;

 Adapt, arrange or transform the creation

 Distribute the Creation or its copies;

 Show the Creation;

 Announce the Creation;

 Communication with the Creation; and

 Rent the Creation

Subject to the provisions of Article 9, paragraph

(2) of the Copyright Act, the person wishing to

execute economic rights to the song or music should

obtain prior permission from the Creator of the song

or the music or to the respective Copyright Holder.

Article 9, paragraph (3) of the Copyright Act

stipulates that unauthorized persons are prohibited

from duplicating and / or being able to commercially

use the Creation. Therefore, without the permission

of the Creator or Copyright Holder, any other person

should not copy the song and / or use the song

commercially.

One example of a site that provides the feature to

download a video from YouTube by converting it into

an .mp3 file is the site

www.onlinevideoconverter.com. By providing the

video download feature from the YouTube website

and then converting the video into a song file (.mp3)

for free, the site has executed the same economic

rights as the Author of Distribution. Based on the

appearance of the site, there are some ads, so the site

registers the site with an ad site that aims to earn a

profit whenever there is an advertisement installed or

every time the ad is opened by a visitor.

Marcelinus Ferdinand Suciadi explained how the

YouTube ripping site can convert a video into a music

file (.mp3) as follows:

We watch a video on YouTube (streaming) until

the entire video is downloaded onto the computer.

Videos played on YouTube typically use HTML5

(which can include MP4, WebGM, or OGG Vorbis

formats), while browsers do not support the FLV

format (using Adobe Flash). The video file itself

consists of several parts, one of which is the audio

codec section. This can be utilized by the site or

YouTube converter software to convert videos

downloaded from YouTube into audio (mp3). The

YouTube converter site streams to YouTube to get

the full video file, performs the analysis on the video

file to retrieve the used audio codec information, and

transcodes it (if necessary) to store the audio

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information into the desired audio format (mp3 or

other). This can also be done alone on their own

computer if they have YouTube converter software.

The video is downloaded to the computer with the

help of the software, and then the remaining process

is the same (grab the audio codec and transcode the

info to the audio file) (Suciadi, 2017).

A Creator and Copyright Holder have exclusive

rights that only Creators and Copyright Holders may

execute; others may not execute such rights except by

the permission of the Creator. A person who executes

an unauthorized exclusive right infringes Copyright,

as explained by the Vision of Justice Team that,

"copyright infringement is the use of copyrighted

work; infringing the exclusive right of the copyright

holder includes breaching the right to produce,

distribute, display, show off or create derivative

works without the permission of the copyright

holder" (Yustisia, 2015).

Thus, the www.onlinevideoconverter.com site

violates Article 113, paragraph (3) of the Copyright

Law namely: “Any Person who, without rights and /

or without permission of the Creator or Copyright

Holder, shall violate the economic rights of the

Author as referred to in Article 9 Paragraph (1) a, b,

e and / or g for Commercial Use shall be criminally

charged with imprisonment of a maximum of 4 (four)

years and / or a maximum fine of Rp

1,000,000,000.00 (one billion rupiah).”

The provisions of Article 113, paragraph (3) of the

www.onlinevideoconverter.com because without

rights and / or without permission, the site violates the

economic rights of the creator, which includes the

right to distribute the work. Distribution, in

accordance with Article 1, number 17 of the

distribution of Works and / or related rights products.

The site distributes files from YouTube for free with

the commercial purpose of obtaining economic

benefits because there are advertisements on the site.

Commercial Use in accordance with Article 1, Sub-

Paragraph 24 of the Copyright Act is the use of the

work and / or related rights products with the aim of

obtaining economic benefits from various sources.

The www.onlinevideoconverter.com website also

violates Article 112 of the Copyright Act which

affirms that "anyone who, without the right to do the

deeds as referred to in Article 7 paragraph (3) and / or

Article 52 for Commercial Use does them, is

punished by the maximum imprisonment duration of

2 (two) years and / or a fine of no more than

Rp.300.000.000,00 (three hundred million rupiahs).

The act has caused an economic loss for the

songwriter or copyright holder because with the

ripping site, the benefits that should be obtained from

the sales of songs or albums through official

applications such as iTunes are reduced. This is

because the ripping site provides the free

downloading of songs by distributing video files from

YouTube to use commercially without the permission

of the Creator.

The Creator, Copyright Holder and / or Rights

holder or their heirs suffering economic loss shall be

entitled to indemnification under Article 96

paragraph (1) of the Copyright Act. Article 1 number

25 of the Copyright Act affirms that "indemnification

refers to the payment of a sum of money charged to

the perpetrator of the violation of the economic rights

of the Creator, Copyright Holder and / or owner of the

Related Rights based on a civil court or criminal court

case and court ruling for damages suffered by the

Creator, Copyright Holder and / or owner of Related

Rights." The arrangement of indemnification has

been detailed in Article 1246 Burgelijk Wetboek.

The most appropriate step in providing legal

protection for the Creator and / or Copyright Holder

is to ask the Indonesian government to block the

ripping site. Article 55, Paragraph (1) of the

of copyright infringement and / or related rights

through electronic systems for Commercial Use may

report it to the Minister." The explanation given in

Article 56 paragraph (1) of the Copyright Act

describes the closure of user content and / or

permissions, namely: “Referred to as ‘closed content

and / or user access rights,’ this means covering 2

(two) terms which include, firstly blocking the

content or the content service provider's site and

secondly, blocking user access to certain sites through

the blocking of the internet protocol address and the

like.”

The Creator and / or Copyright Holder, as

stipulated in Article 55, paragraph (1) of the

Telecommunications and Informatics in which the

Minister shall review the report and then close the

ripping site if sufficient evidence is found in the

reports made by the Author and / or the injured

4 CONCLUSIONS

The acts committed by the ripping site (in this case,

www.onlinevideoconverter.com violate the Creator's

Economic Right, which is Distributed in the form of

245

providing download services without the permission

of the Author and the Copyright Holder.

5 SUGGESTION

The acts committed by the ripping site (in this case,

www.onlinevideoconverter.com) violate the

Creator's Economic Right, which is distributed in the

form of providing download services without the

permission of the Author and the Copyright Holder.

REFERENCES

Citra Aditya Bakti. Bandung.

Ramli, A. M. 2004. Cyber Law dan HAKI dalam Sistem

Hukum Indonesia, PT Refika Aditama. Bandung.

Suciadi, M. F. 2017. Interview, Dosen Teknik Informatika

Universitas Surabaya, Surabaya.

Yustisia, Tim Visi. 2015. Panduan Resmi Hak Cipta, PT

Visimedia. Jakarta.

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