Monday, November 12, 2007

hak cipta software

Copyright is a form of protection provided by the laws of the United States (title 17, U. S. Code) to the authors of “original works of authorship,” including literary, dramatic, musical, artistic, and certain other intellectual works. This protection is available to both published and unpublished works. Section 106 of the 1976 Copyright Act generally gives the owner of copyright the exclusive right to do and to authorize others to do the following:


To reproduce the work in copies or phonorecords;
To prepare derivative works based upon the work;
To distribute copies or phonorecords of the work to the public by sale or other transfer of ownership, or by rental, lease, or lending
To perform the work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works;
To display the work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work; and
In the case of sound recordings*, to perform the work publicly by means of a digital audio transmission.In addition, certain authors of works of visual art have the rights of attribution and integrity as described in section 106A of the 1976 Copyright Act. For further information, request Circular 40, Copyright Registration for Works of the Visual Arts.

It is illegal for anyone to violate any of the rights provided by the copyright law to the owner of copyright. These rights, however, are not unlimited in scope. Sections 107 through 121 of the 1976 Copyright Act establish limitations on these rights. In some cases, these limitations are specified exemptions from copyright liability. One major limitation is the doctrine of “fair use,” which is given a statutory basis in section 107 of the 1976 Copyright Act. In other instances, the limitation takes the form of a “compulsory license” under which certain limited uses of copyrighted works are permitted upon payment of specified royalties and compliance with statutory conditions. For further information about the limitations of any of these rights, consult the copyright law or write to the Copyright Office.



Hak cipta software adalah kepimilikan atau perlindungan atas suatu intelektual property (produk yang dihasilkan dari kretivitas seseorang yang memiliki nilai jual.) biasanya perlindungan itu barupa perlindungan hukum. Mengapa dikatakan demikian? Karena hak cipta tersebut diatur oleh undang-undang atau peraturan pemerintah.


Perlindungan terhadap intelektual property adalah melindungi hasil kreativitas sesesorang. Contohnya jika kita membeli novel, sebenarnya kita membeli fisik buku saja tetapi bukan ide ceritanya, penyajiannya, hasil karyanya. Kita boleh saja menjual buku itu atau memberikan buku itu kepeda orang lain. Tetapi tidak boleh menggandakan dan menjual.

Hak cipta diberikan pada pemilik dari karya asli yang dilindungi hukum setelah karya itu diciptakan atau dibuat. Di Indonesia hak cipta dijelaskan sebagai hak yang diberikan untuk pencipta suatu karya untuk mengontrol atas penggunaan dari ciptaanya.ciptaan-ciptaan atau karya yang dihasilkan tersebut termasuk buku-buku, program-program computer, karya-karya drama, rekaman suara, dan film. Hak cipta memberi hak bagi pemiliknya untuk:

1. Membuat copy dari hasil ciptaanya.
2. menyebarluaskan hasil ciptaanya.
3. mempertunjukan hasil ciptaanya didepan umum
4. menjual hasil ciptaannya agar dapat di konsumsi oleh orang lain.

Undang-undang pengturan atas hak cipta terdapat dalam UU nomor 19 tahun 2002 tentang hak cipta. Karya yang bias mendapatkan hak cipta menurut undang-undangpun baaneka macamnya dan bentuknya. Program computer, ceramah, pampfhlet, tarian, lagu, terjamahan dan peta. Adalah beberapa contih saja dari jenis hasil ciptaan seseorang yang dilindungi. Semua ciptaan yang sudah berhak cipta tersebut tidak boleh diperbanyak atau digandakan tanpa seijin dari pemiliknya yang mempunyai wewenang hak cipta dari karyanya tersebut.

Masalah-masalah yang timbul sehubungan dengan adanya copyright ini sangat marak belakangan ini. Hal itu dikarenakan makin banyaknya jaringan internet, jaringan computer. Kemampuan computer dalam menggandakan dan mencetak ditambah dengan kemampuan internet dalam memberikan informasi menjadikan proses penggandaan menjadi lebih mudah. Factor-faktor yang menyebabkan maraknya penggandaan adalah

1. format seperti MP3 dapat diperbanyak dan disimpan dengan ukuran yang kecil
2. pengubahan bentuk format dari yang tidak digital menjadi digital sangat mudah, dengan adanya scanner.
3. harga alat-alat penyimpanan informasi dalam bentuk digital harganya relative murah
4. .adanya kemudahan dalam pengambilan materi dari internet.

Karena banyaknya pelanggaran yang terjadi, maka upaya perlindungan hak cipta selain perlindungan hokum dilakukan oleh produsen karya.contohnya dalam industri software dilakukan cara seperti barikut:

1. pembeli software harus memasang suatu hardware pada computer, untuk menjalankan software tersebut dan memastikan bahwa software yang dibeli hanya dijalankan pada 1mesin saja.
2. memasang copy protection pada disket, sehingga software tidak dapat dicopy.
3. watermarking menyisipkan watermark pada intelektual property multimedia.

Pembajakan software secara illegal banyak dilakukan di Indonesia baik dalam perusahaan kecil atau besar.dalam UU hak cipta yang baru, pelaku pembajakan software bias dikenai sanksi paling berat 5 tahun penjara atau denda Rp. 500 juta.

Untuk menghindari adanya kejahatan pembajakan ini maka diperlukan kesadaran masyarakat akan hukum hak cipta.



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