Legality to Listening Music

Everyone surely are the music listener with their own taste. They will find any way to listen their favourite music, however unconsciously there is several way that are not in accordance with the laws and regulations. Such way that is not in accordance with the laws and regulations of Indonesia is downloading such music directly from non-license sites. As is regulated in Article 9 Paragraph (3) that anyone that is not permitted by the Creator or Copyright Holder shall not Duplicates and/or Commercially Use of Creation. Commercially Use of Creation expressly defined as any activity that could bring material benefits to the user. However, in the explanation of such Regulations explained that including in directly commercially use (paid) as well as free provision of the content that brought economically benefit from the other party that takes benefit from the usage of such Copy Right and/or Related Rights.

A lot of non-licenced web sites that providing music file that can be freely downloaded, the sites owner of the web sites be able to gain benefit from sites advertisement that they provided to other user in that way, so that is clearly a violation of Copyright as explained above. Anyone that without rights and/or permit from Creator or Copyright Holder violated the economic rights of Creator as intended in Article 9 Paragraph (1) Letter a, Letter b, Letter e, and/or Letter g to the extent of Commercially Use convicted with imprisonment at most 4 (four) years and/or fine at most Rp1.000.000.000,00 (one billion Rupiah). So that, we shall be more careful when we wanted to download such music, whether the websites are licenced or not.

Suria Nataadmadja & Associates Law Firm

Advocates & Legal Consultants