LAW ENFORCEMENT AGAINST THE SALE OF FAKE BAND MERCHANDISE (BOOTLEG) BASED ON COPYRIGHT LAW

Abstract

The trade of counterfeit merchandise in the music industry continues to grow in Indonesia, resulting in financial losses and loss of exclusivity of works for copyright holders. Counterfeit merchandise utilizes band logos or designs without permission, which is detrimental to musicians. This research examines the form of law enforcement against the sale of counterfeit merchandise in Indonesia based on Law No. 28 of 2014 concerning Copyright and identifies obstacles in its application. Using a normative legal research method with a statutory and case study approach, this research finds that law enforcement faces various challenges, particularly on digital platforms. Lack of legal awareness in the community, limited law enforcement resources, and difficulty identifying original products in online sales are some of the main obstacles. To overcome this, the government needs to increase cooperation with digital platforms through automatic detection algorithms, responsive reporting mechanisms, and intensive socialization. In addition, musicians can promote official merchandise through social media as an independent effort to fight counterfeit products. Overall, a comprehensive and collaborative approach is needed to curb the circulation of counterfeit merchandise and protect copyright in Indonesia

The trade of counterfeit merchandise in the music industry continues to grow in Indonesia, resulting in financial losses and loss of exclusivity of works for copyright holders. Counterfeit merchandise utilizes band logos or designs without permission, which is detrimental to musicians. This research examines the form of law enforcement against the sale of counterfeit merchandise in Indonesia based on Law No. 28 of 2014 concerning Copyright and identifies obstacles in its application. Using a normative legal research method with a statutory and case study approach, this research finds that law enforcement faces various challenges, particularly on digital platforms. Lack of legal awareness in the community, limited law enforcement resources, and difficulty identifying original products in online sales are some of the main obstacles. To overcome this, the government needs to increase cooperation with digital platforms through automatic detection algorithms, responsive reporting mechanisms, and intensive socialization. In addition, musicians can promote official merchandise through social media as an independent effort to fight counterfeit products. Overall, a comprehensive and collaborative approach is needed to curb the circulation of counterfeit merchandise and protect copyright in Indonesia.