Indonesia – Sports Jersey Copyright Protection.

The victory of the “Gli Azzurri” team over England in the European Cup or Euro 2020 brings pride to its supporters. The jersey aka the Italian team’s costume was immediately sold out on the official PUMA website. Local e-commerce sellers were also flooded with orders for their “replica” costumes.

This home version of the Italian national team jersey is a new design from PUMA which was released on August 31, 2020. On the official website, this soccer shirt is sold for 90 Euros or around 1.6 million Rupiah. For a football team or other sports team, the sale of these shirts is the highest source of income apart from selling match tickets. With a unique and distinctive design, and always comes with a new version, this jersey has become a collectible item for fans, as well as a form of their support for their favorite team.

But there are also many fans from all over the world who don’t get direct access to buy the original version of the jersey. Usually because of price constraints or expensive shipping costs. This condition is also used by manufacturers of “replica” jerseys at lower prices, but of course with different qualities, called KW 1-3. Are these products legal?

Copyright is an exclusive right to a work that arises automatically based on declarative principles after a work is manifested in a tangible form without reducing restrictions in accordance with the provisions of laws and regulations. Thus, since a creation was born and declared, the copyright has been protected. According to Article 4 of Law no. 28 of 2014 concerning Copyright (UUHC), Exclusive Rights are rights that are only intended for the Author, no other party can use the right without the Author’s permission.

Sports jerseys, as we know, have various and unique designs, adapting to the design of the club or country. Each sports jersey has its own unique design so that when people see it, the first thing that will be remembered is the club or country of origin of the jersey. The design of a jersey is the result of the ideas and creativity of a designer who deserves to be respected and protected.

Unauthorized Reproduction and Creation

Everyone who exercises economic rights must obtain permission from the Creator or Copyright Holder. The act of a party using a design (graphic) by duplicating someone else’s design and then selling it is an exercise of economic rights that should be required to obtain prior permission from the Creator or Copyright Holder.

Article 9 paragraph (3) of the UUHC stipulates that, without the permission of the Author or Copyright Holder, it is prohibited to reproduce and/or commercially use the work. This act can also be categorized as piracy. According to Article 1 number 23 UUHC, Piracy is the illegal reproduction of Works and/or Related Rights products and the distribution of goods resulting from the reproduction is widely intended to obtain economic benefits.

Criminal sanctions for copying copyright (especially in the form of piracy) are regulated in Article 113 paragraphs (3) and (4) of the UUHC:

(3) Any person who without rights and/or without permission of the Author or Copyright holder violates the economic rights of the Author as referred to in Article 9 paragraph (1) letter a, letter b, letter e, and/or letter g for Commercial Use. Commercial shall be sentenced to a maximum imprisonment of 4 (four) years and/or a maximum fine of Rp. 1,000,000,000.00 (one billion rupiah).

(4) Any person who fulfills the elements as referred to in paragraph (3) which is committed in the form of piracy, shall be sentenced to a maximum imprisonment of 10 (ten) years and/or a maximum fine of Rp. 4,000,000,000.00 (four billion rupiahs). ).

So basically the Copyright on this jersey is the same as books and movies that cannot be reproduced without the permission of the Creator. So we should have the same awareness by only buying the original jersey, as we choose to buy the original book and watch movies legally.

Local e-commerce also already has a complaint feature if a seller is found selling replica or pirated goods. Therefore, Partners who are hype about the victory of this Italian football team must be careful not to fall into the action of supporting piracy.