Wednesday, March 2, 2016

Copyright infringement civil litigation in Indonesia

 Image result for brazil world cup 2014
The Semarang Commercial Court heard a copyright infringement dispute between PT Inter Sport Marketing and PT Sun Star Motor. Intersport the Plaintiff licensed the copyright and broadcast Media Rights in Indonesia for the 2014 Brazil FIFA World Cup Brazil. They sub-licensed some of the rights. 
Sun Star is the authorized dealer of Mitsubishi vehicles and it broadcasted the FIFA World Cup Brazil at a commercial event without authorization. They promoted their event with Mitsubishi logos and images. The court complaint was that the public might think that Mitsubishi is one of the World Cup event sponsors. One sub licensee sent a cease and desist letter and the Defendant published a newspaper apology.
The Plaintiff filed a copyright infringement lawsuit against the Defendant demanding compensation of IDR 51,000,000,000 (nearly USD 4 million). The Defendant argued that the Plaintiff could not provide proof of their rights and had not registered their copyrights. The Semarang Commercial Court granted parts of the Plaintiff's claims. The Judges affirmed copyright infringement and ordered the Defendant to pay IDR 500,000,000 in compensation (USD38,000).
 The Defendant appealed to the Supreme Court. They argued that although it is required to record IPR Licenses, no implementing Government Regulation existed so recordal was impossible and so the License could not bind third parties. This was rejected fortunately and Supreme Court confirmed that the unauthorized FIFA World Cup broadcast was copyright infringement.

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