JAKARTA - Attorney Keenan Nasution and Rudi Pekerti, Minola Sebayang, revealed that there were negotiations between his party and Vidi Aldiano regarding the use of the song Nuansa Bening.
As is known, Keenan and Rudi as songwriters of Nuansa Bening sued Vidi to the Central Jakarta Commercial Court on May 21.
Sheila Dara's husband was sued on suspicion of copyright infringement, for performing a commercial 'Nuansa Bening' in 31 (twenty-first) performing or live concert without the creator's permission.
Even Minola said there were hundreds of shows, where Vidi performed the song Nuance Bening without Keenan and Rudi's permission.
"What we are questioning is that Vidi has used the song commercially at many concerts, from 2008 to 2020," Minola told the media crew, after the inaugural trial of the lawsuit at the Central Jakarta Commercial Court, Wednesday, May 28.
According to the management who met our client, based on the information provided by our client, maybe more than 300 live performances, where the song Nuansa Bening was sung (Vidi) but there was never any such thing as a request for permission to the creator, "added Minola.
The first trial was held without the presence of Vidi or his attorney as the defendant. The judge also postponed the trial, and recalled the defendant for trial on June 11.
There Have Been Negotiations Before The Lawsuit
Before Keenan and Rudi filed a lawsuit, Minola said there were negotiations with Vidi first. A number of money was offered.
"Indeed, after this copyright case has been rife, according to our client, Keenan Nasution, Vidi's management has come to visit, offering Rp50 million rupiah," said Minola.
"According to information from the management of Bang Keenan to us, this is compensation money or whatever it is called, for every concert that has not asked for permission and subsequent concerts," he continued.
The offer was rejected by Keenan. However, Minola acknowledged Vidi's good faith. Some of the money offered was seen as awareness of a mistake that had been made.
"It's just that the initiative is still not acceptable to our clients. Therefore, Bang Keenan Nasution and Rudi Pekerti gave power of attorney to our office. We studied it, then we submitted a subpoena to Vidi," said Minola. Vidi responded through his power, there were talks that eventually narrowed the amount of compensation or appreciation.
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However, the amount of compensation that Vidi again offered through his power of attorney is still not acceptable to Keenan Nasution and Rudi Pekerti, even though the value has reached hundreds of millions.
The attorney explained, In the past tens of millions, now hundreds of millions. This means that there have been changes. It's just that this is still not pleasing, because seeing the duration of the use of the song is so long, almost 16 years old.
"And we are not closing our eyes that Vidi is known for 'Nuansa Bening', that's what makes Vidi the way he is now. Even though it's his sustenance, if you look at those 16 years, almost a lot of live performances use the song, not to mention that the song is also in advertisements, for example, our clients think it's not yet a form of him appreciating it as a creator."
Rp24.5 Billion Compensation Lawsuit Through Commercial Court
Attorneys Keenan and Rudi did not explain the amount of compensation in the lawsuit to the Commercial Court. However, through the official website of the Central Jakarta District Court, it was stated that the lawsuit filed by the plaintiff reached Rp. 24.5 billion from 31 shows.
"Declare that the Defendant has committed a Copyright violation because he has used the commercial 'Nuansa Bening' song in 31 performances or live concerts without the permission of the Plaintiffs as the creator," reads the point of the lawsuit.
'Punishing the Defendant to pay cash compensation to the Plaintiffs for using the song 'Nuansa Bening' in commercial performances or live concerts without the permission of the Plaintiffs as creators, amounting to Rp24,500,000,000.00.'
This value was obtained from two violations in 2009-2013 amounting to Rp10 billion and 29 violations in 2016-2025 amounting to Rp14.5 billion.
The lawsuit also asked Vidi's land and buildings to be confiscated by collateral (conservatoir beslag), and to pay a fine for the delay in the implementation of the decision of Rp. 1,000,000 every day of delay.
In addition, Vidi was also asked not to sing the commercially 'Nuansa Bening' song without permission, despite denials, appeals, or cassation.
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