Expert From The Government To Discuss The Use Of The Indonesia Raya Song During The Material Test Session Of The Copyright Law At The Constitutional Court
JAKARTA - Professor of Law from Padjadjaran University, Prof. Dr. H. Ahmad M. Ramli, S H., MH, FCBARb., was present at the Constitutional Court as an Expert proposed by the Government in the judicial review session of Law No. 28 of 2014 concerning Copyright (UU Copyright) on Thursday, August 7.
On this occasion, Ramli was asked not only to respond to the petitioners' petition, but also to explain several issues regarding the copyright of music that have recently developed in the public.
Arie Ardian Rishadi as the representative of the Government from the Ministry of Law asked Ramli to respond to discussions regarding the use of the national anthem Indonesia Raya
"So, ask permission, experts, perhaps can provide enlightenment, certainty on the things or issues that are developing today," said Arie when asking questions.
Responding to the question asked, Ramli said, the national anthem of Indonesia Raya in its use is included in fair use or fair use.
As referred to in Article 43 letter a of the Copyright Law, the announcement, distribution, communication and/or doubling of national anthems according to their original nature are not considered as copyright infringement.
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"So in copyright, there is something called fair use or fair use, where reasonable use is not considered a violation," said Ramli.
"Article 43 letter a says that it is not considered a copyright violation is publication, then multiplying, and so on" national anthems, "he continued. This national anthem must be socialized continuously, disseminated, used. So, when he is forced to pay royalties, many people will not want to do that.
In fact, said Ramli, the obligation of citizens is to get to know the national anthem.
"So, he entered the fair use. If someone says he has been public domains because of age and so on, it can also be measured, for example from 70 years after (creator W. R. Supratman) died," said the Expert.
"However, this law from the start said that even though it has not yet entered that stage, its use is fair use or fair use which is considered not to violate," he said.