The Violation of Copyright Music in the Form of Cover Song By Recording Through Social Media Related To Law Number 28 Of 2014 Concerning Copyright And Law Number 19 Of 2016 Regarding Electronic Transaction Information

Authors

  • uyan wiryadi Universitas Krisnadwipayana

DOI:

https://doi.org/10.35335/legal.v11i2.347

Keywords:

Copyright, Cover song, Music

Abstract

The objectives of this study were to: 1) Determine whether cover songs that were recorded via social media violated Law Number 28 of 2014 Concerning Copyright in the sphere of music. 2) To identify the factors that contribute to copyright infringement when cover songs are recorded and shared on social media. This thesis was written using a statutory approach, specifically by analyzing the changes to Law Number 28 of 2014 concerning Copyright and its implications for copyright and its implementation by high state institutions and the Law of the Republic of Indonesia Number 19 of 2016 Regarding Amendments to Law Number 11 of 2008 Concerning Information and Electronic Transactions. The following are the findings of the author's research: It is a copyright infringement when someone performs a cover song on social media without permission from the artist, whether for non-commercial or commercial purposes. Among the factors influencing the occurrence of copyright infringement in Indonesia are: 1) Weak law enforcement against infringement violators. 2) Internet creations can be quickly replicated and spread internationally in a very short period of time and in big numbers. 3) There is no geographical restriction on the location of the perpetrator because a domain name or website can be viewed by anybody worldwide. 4) The procedure for inter-state events in dealing with copyright infringement on the internet, such as ascertaining who the perpetrator is and when the infringement happens (tempus delicti) and determining the legal region of the infringement (locus delicti), remains inconsistent.

Downloads

Download data is not yet available.

References

Journals

Agrian Hilmar Alfattah. (2017). Legal Protection Against Song Copyrights Used Without Permission Judging from Law Number 28 of 2014 concerning Copyright in Pekanbaru. JOM Faculty of Law Vol. IV. No. 2.

Anak Agung Mirah Satria Dewi. (2017). Copyright Legal Protection Against Cover Versions of Songs on Youtube. Journal of Master of Law Udayana 6, no. 4, 508–520.

Brillyan Dimas Prasetyo. (2017) Legal Protection of Song Creators Against Websites for Free Song Download Service Providers in Internet Media. University of Muhammadiyah Jakarta Scientific Publications.

Dina Amanda Swari, P, dan I Made Subawa. (2018). Legal Protection of Songs Uploaded Without the Author's Permission on the Youtube Site."Journal of Legal Studies 6, no. 10. 1–15.

Fransin Miranda Lopes. (2013). Law Enforcement Against Copyright Infringement in the Field of Music and Songs. Lex Privatum I, no. 2. 44–57.

Ghaesany Fadhila dan U Sudjana. (2018) Protection of Copyrights for Songs and/or Music Covered on Social Media Networks Associated with Economic Rights Based on Law Number 28 of 2014 concerning Copyrights. ACTA DIURNAL 1, no. 1. 222–235.

Ria Anjelfa. (2015). Legal Protection for Sound Recorded Works Converted in the Form of Compact Discs (CD). Notarius 8, no. 2. 315–341.

Safina Meida Baqo dan Ranggalawe Suryasaladin. (2014). Copyright Law Issues on Cover Versions of Commercialized Songs. FH UI. 1–20.

Zainul Amin. (2018). Law Enforcement Against Copyright in the Creative Industry Sector in the Unitary State of the Republic of Indonesia. Forum of Justice Journal of Legal Studies. 127–143.

Books

Elyta Ras Ginting. (2012). Indonesian Copyright Law. Bandung: PT. Citra Aditya Bakti. Ni Ketut Supasti Dharmawan. (2016). Intellectual Property Rights (IPR). Yogyakarta: Deepublish.

Sophar Maru Hutagalung. (2012). Copyright Position and Role in development. Jakarta: Sinar Grafika. 14.

Dissertation/Thesis/Undergraduate Thesis

Dean Permana. (2018). Legal Protection Against Copyright Holders Related to Covering Music or Songs Uploaded on Youtube. Thesis. Yogyakarta: University of Muhammadiyah Yogyakarta.

Haery Asmanto. (2015). Legal Protection of Song Copyrights Based on Law Number 28 of 2014 concerning Copyright (Song Arrangement Case Study on Youtube Social Media). Thesis. Pontianak: Tanjungpura University.

Ryan Ventius Tarigan. (2017). Legal Protection Against Creators of Songs Downloaded Through Youtube. Thesis. East Java: University of Jember.

Downloads

Published

2022-05-30

How to Cite

wiryadi, uyan. (2022). The Violation of Copyright Music in the Form of Cover Song By Recording Through Social Media Related To Law Number 28 Of 2014 Concerning Copyright And Law Number 19 Of 2016 Regarding Electronic Transaction Information. LEGAL BRIEF, 11(2), 1625–1634. https://doi.org/10.35335/legal.v11i2.347

Issue

Section

National and International Criminal Law