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information into the desired audio format (mp3 or
other). This can also be done alone on their own
computer if they have YouTube converter software.
The video is downloaded to the computer with the
help of the software, and then the remaining process
is the same (grab the audio codec and transcode the
info to the audio file) (Suciadi, 2017).
A Creator and Copyright Holder have exclusive
rights that only Creators and Copyright Holders may
execute; others may not execute such rights except by
the permission of the Creator. A person who executes
an unauthorized exclusive right infringes Copyright,
as explained by the Vision of Justice Team that,
"copyright infringement is the use of copyrighted
work; infringing the exclusive right of the copyright
holder includes breaching the right to produce,
distribute, display, show off or create derivative
works without the permission of the copyright
holder" (Yustisia, 2015).
Thus, the www.onlinevideoconverter.com site
violates Article 113, paragraph (3) of the Copyright
Law namely: “Any Person who, without rights and /
or without permission of the Creator or Copyright
Holder, shall violate the economic rights of the
Author as referred to in Article 9 Paragraph (1) a, b,
e and / or g for Commercial Use shall be criminally
charged with imprisonment of a maximum of 4 (four)
years and / or a maximum fine of Rp
1,000,000,000.00 (one billion rupiah).”
The provisions of Article 113, paragraph (3) of the
Copyright Act are violated by
www.onlinevideoconverter.com because without
rights and / or without permission, the site violates the
economic rights of the creator, which includes the
right to distribute the work. Distribution, in
accordance with Article 1, number 17 of the
Copyright Act, is the sale, distribution and / or
distribution of Works and / or related rights products.
The site distributes files from YouTube for free with
the commercial purpose of obtaining economic
benefits because there are advertisements on the site.
Commercial Use in accordance with Article 1, Sub-
Paragraph 24 of the Copyright Act is the use of the
work and / or related rights products with the aim of
obtaining economic benefits from various sources.
The www.onlinevideoconverter.com website also
violates Article 112 of the Copyright Act which
affirms that "anyone who, without the right to do the
deeds as referred to in Article 7 paragraph (3) and / or
Article 52 for Commercial Use does them, is
punished by the maximum imprisonment duration of
2 (two) years and / or a fine of no more than
Rp.300.000.000,00 (three hundred million rupiahs).
The act has caused an economic loss for the
songwriter or copyright holder because with the
ripping site, the benefits that should be obtained from
the sales of songs or albums through official
applications such as iTunes are reduced. This is
because the ripping site provides the free
downloading of songs by distributing video files from
YouTube to use commercially without the permission
of the Creator.
The Creator, Copyright Holder and / or Rights
holder or their heirs suffering economic loss shall be
entitled to indemnification under Article 96
paragraph (1) of the Copyright Act. Article 1 number
25 of the Copyright Act affirms that "indemnification
refers to the payment of a sum of money charged to
the perpetrator of the violation of the economic rights
of the Creator, Copyright Holder and / or owner of the
Related Rights based on a civil court or criminal court
case and court ruling for damages suffered by the
Creator, Copyright Holder and / or owner of Related
Rights." The arrangement of indemnification has
been detailed in Article 1246 Burgelijk Wetboek.
The most appropriate step in providing legal
protection for the Creator and / or Copyright Holder
is to ask the Indonesian government to block the
ripping site. Article 55, Paragraph (1) of the
Copyright Act affirms that, "any Person who is aware
of copyright infringement and / or related rights
through electronic systems for Commercial Use may
report it to the Minister." The explanation given in
Article 56 paragraph (1) of the Copyright Act
describes the closure of user content and / or
permissions, namely: “Referred to as ‘closed content
and / or user access rights,’ this means covering 2
(two) terms which include, firstly blocking the
content or the content service provider's site and
secondly, blocking user access to certain sites through
the blocking of the internet protocol address and the
like.”
The Creator and / or Copyright Holder, as
stipulated in Article 55, paragraph (1) of the
Copyright Act, may report to the Minister of
Telecommunications and Informatics in which the
Minister shall review the report and then close the
ripping site if sufficient evidence is found in the
reports made by the Author and / or the injured
Copyright Holder.
4 CONCLUSIONS
The acts committed by the ripping site (in this case,
www.onlinevideoconverter.com violate the Creator's
Economic Right, which is Distributed in the form of
Copyright Infringement Using in Stream Ripping
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