Perlindungan hukum dan penyelesaian perselisihan hak cipta atas lagu di Indonesia = Legal Protection and Dispute Resolution for Song Copyright in Indonesia
ABSTRACT This research on the legal protection and the dispute resolution concerning song copyright in Indonesia aims to answer these questions:1) what kinds of legal protection for song copyright are provided in the Copyright Act, 2) how is the composer's rights implemented in actual practice,...
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| Materialtyp: | Artikel |
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[Yogyakarta] : Universitas Gadjah Mada
2001
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| _version_ | 1826031758169079808 |
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| author | Perpustakaan UGM, i-lib |
| author_facet | Perpustakaan UGM, i-lib |
| author_sort | Perpustakaan UGM, i-lib |
| collection | UGM |
| description | ABSTRACT
This research on the legal protection and the dispute resolution concerning song copyright in Indonesia aims to answer these questions:1) what kinds of legal protection for song copyright are provided in the Copyright Act, 2) how is the composer's rights implemented in actual practice, 3) how is the resolution mechanism of the disputes in the area of song copyright undertaken outside the court.
The data used in this research are primary and secondary data. The primary data were obtained from a field research and the data were collected by using questionaires and interview guidelines. The secondary data were obtained from library research by making a documentary study. These data were selected and then qualitatively analized and subsequently put together in a descriptive research report.
The result of the research can be concluded as follows: First, the legal protection for song copyright is given by Copyright Act in the form of requirement concerning: the transfer of copyright, copyright licensing, time period of copyright protection, and the right to assume a civil as well as criminal proceedings for copyright violations. Second, when the songs are performed by the third parties, the rights of composers to royalties are implemented by Indonesian Inventional Work Foundation (Yayasan Karya Cipta IndonesiaKCI) as the only royalty collecting organization in Indonesia. Every March, the results of the royalty collection is distributed to composers whose songs have been performed. Incase of reproduction, the composer's rights are implemented by the Indonesian Society of Composers and Arrangers (Persatuan Artis Pencipta Lagu dan Penata rekaman Musik Indonesia-PAPPRI) in cooperation with the Sound Recording Industry Association of Indonesia (Asosiasi Industri Rekaman Indonesia-ASIRI), who have made standard clauses in the Letter of Agreement for Reproduction of Song Composition (Surat Perjanjian Perbanyakan Ciptaan Lagu-SPPCL). The implementation of reproduction rights
are also undertaken by Music Publishers and KCI. The fulfillment of the reproduction rights can not be realized in maximum due to the song piracy. The fulfillment of composer's moral rights are more guaranted than economic rights. Third, the resolution of song copyright disputes takes the form of negotiation, mediation, conciliation, and arbitration. The phases of the mechanism are as follow: parties to the dispute negotiate between themselves, then if this fails, they seek mediator who will also perform as conciliator to settle their dispute. Arbitration is used if negotiation, mediation and conciliation fail.
Keywords: Legal Protection -- Dispute Resolution -- Song Copyright |
| first_indexed | 2024-03-13T18:42:21Z |
| format | Article |
| id | oai:generic.eprints.org:20876 |
| institution | Universiti Gadjah Mada |
| last_indexed | 2024-03-13T18:42:21Z |
| publishDate | 2001 |
| publisher | [Yogyakarta] : Universitas Gadjah Mada |
| record_format | dspace |
| spelling | oai:generic.eprints.org:208762014-06-18T00:33:15Z https://repository.ugm.ac.id/20876/ Perlindungan hukum dan penyelesaian perselisihan hak cipta atas lagu di Indonesia = Legal Protection and Dispute Resolution for Song Copyright in Indonesia Perpustakaan UGM, i-lib Jurnal i-lib UGM ABSTRACT This research on the legal protection and the dispute resolution concerning song copyright in Indonesia aims to answer these questions:1) what kinds of legal protection for song copyright are provided in the Copyright Act, 2) how is the composer's rights implemented in actual practice, 3) how is the resolution mechanism of the disputes in the area of song copyright undertaken outside the court. The data used in this research are primary and secondary data. The primary data were obtained from a field research and the data were collected by using questionaires and interview guidelines. The secondary data were obtained from library research by making a documentary study. These data were selected and then qualitatively analized and subsequently put together in a descriptive research report. The result of the research can be concluded as follows: First, the legal protection for song copyright is given by Copyright Act in the form of requirement concerning: the transfer of copyright, copyright licensing, time period of copyright protection, and the right to assume a civil as well as criminal proceedings for copyright violations. Second, when the songs are performed by the third parties, the rights of composers to royalties are implemented by Indonesian Inventional Work Foundation (Yayasan Karya Cipta IndonesiaKCI) as the only royalty collecting organization in Indonesia. Every March, the results of the royalty collection is distributed to composers whose songs have been performed. Incase of reproduction, the composer's rights are implemented by the Indonesian Society of Composers and Arrangers (Persatuan Artis Pencipta Lagu dan Penata rekaman Musik Indonesia-PAPPRI) in cooperation with the Sound Recording Industry Association of Indonesia (Asosiasi Industri Rekaman Indonesia-ASIRI), who have made standard clauses in the Letter of Agreement for Reproduction of Song Composition (Surat Perjanjian Perbanyakan Ciptaan Lagu-SPPCL). The implementation of reproduction rights are also undertaken by Music Publishers and KCI. The fulfillment of the reproduction rights can not be realized in maximum due to the song piracy. The fulfillment of composer's moral rights are more guaranted than economic rights. Third, the resolution of song copyright disputes takes the form of negotiation, mediation, conciliation, and arbitration. The phases of the mechanism are as follow: parties to the dispute negotiate between themselves, then if this fails, they seek mediator who will also perform as conciliator to settle their dispute. Arbitration is used if negotiation, mediation and conciliation fail. Keywords: Legal Protection -- Dispute Resolution -- Song Copyright [Yogyakarta] : Universitas Gadjah Mada 2001 Article NonPeerReviewed Perpustakaan UGM, i-lib (2001) Perlindungan hukum dan penyelesaian perselisihan hak cipta atas lagu di Indonesia = Legal Protection and Dispute Resolution for Song Copyright in Indonesia. Jurnal i-lib UGM. http://i-lib.ugm.ac.id/jurnal/download.php?dataId=3734 |
| spellingShingle | Jurnal i-lib UGM Perpustakaan UGM, i-lib Perlindungan hukum dan penyelesaian perselisihan hak cipta atas lagu di Indonesia = Legal Protection and Dispute Resolution for Song Copyright in Indonesia |
| title | Perlindungan hukum dan penyelesaian perselisihan hak cipta atas lagu di Indonesia = Legal Protection and Dispute Resolution for Song Copyright in Indonesia |
| title_full | Perlindungan hukum dan penyelesaian perselisihan hak cipta atas lagu di Indonesia = Legal Protection and Dispute Resolution for Song Copyright in Indonesia |
| title_fullStr | Perlindungan hukum dan penyelesaian perselisihan hak cipta atas lagu di Indonesia = Legal Protection and Dispute Resolution for Song Copyright in Indonesia |
| title_full_unstemmed | Perlindungan hukum dan penyelesaian perselisihan hak cipta atas lagu di Indonesia = Legal Protection and Dispute Resolution for Song Copyright in Indonesia |
| title_short | Perlindungan hukum dan penyelesaian perselisihan hak cipta atas lagu di Indonesia = Legal Protection and Dispute Resolution for Song Copyright in Indonesia |
| title_sort | perlindungan hukum dan penyelesaian perselisihan hak cipta atas lagu di indonesia legal protection and dispute resolution for song copyright in indonesia |
| topic | Jurnal i-lib UGM |
| work_keys_str_mv | AT perpustakaanugmilib perlindunganhukumdanpenyelesaianperselisihanhakciptaataslagudiindonesialegalprotectionanddisputeresolutionforsongcopyrightinindonesia |