JAKARTA - Ari Bias gave an explanation regarding the value of the lawsuit of IDR 4.9 billion in the case of alleged copyright infringement of the song "Bilang Saja".
The civil lawsuit filed against PT Aneka Bintang Gading (Holywings Group) is the long-term aftermath of the alleged abandonment of the economic and moral rights of the song creator in the Agnez Mo music show series.
This question began when Agnez Mo performed the song "Bilang Saja" at three business locations owned by PT Aneka Bintang Gading. Ari suspects that the organizers did not fulfill their obligation to pay royalties for the use of the copyrighted work in the three stage performances.
It should be emphasized that the nominal Rp4.9 billion stated in the lawsuit is not a request for a normal royalty rate, but a form of compensation for alleged violations of the law by the company.
Ari Bias emphasized the fundamental difference between royalty payments and compensation claims. According to him, royalties are obligations paid by law-abiding users of works in accordance with the rates set by regulations. However, when the rights are ignored, the legal instrument used is a compensation claim.
"Well, this is often wrong, if proven (PT Aneka Bintang Gading violates), then the creator can claim compensation as stipulated in the Copyright Law," Ari Bias told the media, Wednesday, January 7.
He added, "So it's not demanding royalty payments. Royalty is paid to users who obey the law, paid according to the rules and tariffs that apply at the time of use."
This legal step was taken by Ari after going through a long process to collect his rights. He even clarified to the National Collective Management Agency (LMKN) and the Collective Management Agency (LMK) to determine whether there was any royalty payment for the use of the song. The result, there was no report of payment from the defendant.
Regarding the amount of Rp. 4.9 billion which has become the focus of public attention, Ari emphasized that the figure did not appear subjectively from his own desire. The calculation is claimed to have a strong legal basis and refers directly to the provisions in Law Number 28 of 2014 concerning Copyright.
"(The nominal lawsuit of Rp. 4.9 billion) is the main matter, yes. So I am not competent to explain technically because I am also a layman," said Ari.
"But the point is, the numbers we formulate are based on the Copyright Law. So it's not a number I made myself. The numbers are indeed in the Copyright Law," he concluded.
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