Ada Pertanyaan? Hubungi Kami 
Ada Pertanyaan? Hubungi Kami Happy R. Stephany, Robert Sidauruk
Users of the well known video-sharing website, Youtube, must be careful not to infringe any copyright when using the website’s features, particularly if material is to be used for commercial purposes. In such cases, although from a practical perspective difficult, consent to use the material from its authors is a requirement under the law.
Suharno, Head of Finance at the Directorate General of Intellectual Property Rights (Directorate General), explained that this requirement also applies to television stations that republish videos from Youtube for commercial purposes for inclusion in their television programs.
“If the videos are republished without appropriate consent, this may lead to copyright infringement lawsuit from the authors,” explained Suharno during a workshop in Jakarta on Wednesday.
Requesting a license or consent to use a Youtube video it is not an easy task. Youtube LLC, the company that operates the website, does not own any copyright over individual videos. Under such circumstances, a license must be requested to all the stakeholder parties as set out in Law No. 19 of 2002 on Copyright with related rights such as authors, performers/artists, producers, and the broadcasting authority of the videos.
Santun Maspari Siregar, Head of Program Planning and Reporting at the Directorate General, admitted that it is difficult to find the necessary information on such parties. Santun asserts that while it is difficult, a license or consent is a fundamental principle of copyright. Unless a specific exception applies, a license must be secured prior to republishing protected material.
Likewise, Ari Juliano, Head of Indonesia Legal Creative Commons, agrees that acquiring a license is one of the most difficult requirements to satisfy the rigid provisions of the Copyright Law. Ari, however, suggests that this issue can be addressed through a Creative Commons License.
Under the Creative Commons mechanism, according to Ari, copyright licenses can be granted in a more flexible manner than under conventional agreements such as formal written contracts. He further continued that Creative Commons is an open licensing mechanism by which the author can specify certain exclusive rights that can be licensed to other parties when publishing the material.
“Licensing through a Creative Commons mechanism is one of the answers to the rigid provisions on licensing under the Copyright Law,” adds Ari.
In addition to the licensing issue, Ari made further mention of the terms imposed by Youtube’s Terms of Service. Ari added that Youtube prohibits its users from downloading videos and modifying them into different formats. Furthermore, video downloading is only allowed using the embedded player provided by Youtube.
“In addition to the provision of the Copyright Law, users also bound by Youtube’s Terms of Service,” added Ari.
(hot/kc)
Happy R. Stephany, Robert Sidauruk
Users of the well known video-sharing website, Youtube, must be careful not to infringe any copyright when using the website’s features, particularly if material is to be used for commercial purposes. In such cases, although from a practical perspective difficult, consent to use the material from its authors is a requirement under the law.
Suharno, Head of Finance at the Directorate General of Intellectual Property Rights (Directorate General), explained that this requirement also applies to television stations that republish videos from Youtube for commercial purposes for inclusion in their television programs.
“If the videos are republished without appropriate consent, this may lead to copyright infringement lawsuit from the authors,” explained Suharno during a workshop in Jakarta on Wednesday.
Requesting a license or consent to use a Youtube video it is not an easy task. Youtube LLC, the company that operates the website, does not own any copyright over individual videos. Under such circumstances, a license must be requested to all the stakeholder parties as set out in Law No. 19 of 2002 on Copyright with related rights such as authors, performers/artists, producers, and the broadcasting authority of the videos.
Santun Maspari Siregar, Head of Program Planning and Reporting at the Directorate General, admitted that it is difficult to find the necessary information on such parties. Santun asserts that while it is difficult, a license or consent is a fundamental principle of copyright. Unless a specific exception applies, a license must be secured prior to republishing protected material.
Likewise, Ari Juliano, Head of Indonesia Legal Creative Commons, agrees that acquiring a license is one of the most difficult requirements to satisfy the rigid provisions of the Copyright Law. Ari, however, suggests that this issue can be addressed through a Creative Commons License.
Under the Creative Commons mechanism, according to Ari, copyright licenses can be granted in a more flexible manner than under conventional agreements such as formal written contracts. He further continued that Creative Commons is an open licensing mechanism by which the author can specify certain exclusive rights that can be licensed to other parties when publishing the material.
“Licensing through a Creative Commons mechanism is one of the answers to the rigid provisions on licensing under the Copyright Law,” adds Ari.
In addition to the licensing issue, Ari made further mention of the terms imposed by Youtube’s Terms of Service. Ari added that Youtube prohibits its users from downloading videos and modifying them into different formats. Furthermore, video downloading is only allowed using the embedded player provided by Youtube.
“In addition to the provision of the Copyright Law, users also bound by Youtube’s Terms of Service,” added Ari.
(hot/kc)