Pelanggaran Hak Cipta Atas Lagu Dengan Kegiatan Cover Version (Studi Putusan Nomor 910 K/PDT.SUS-HKI.2020)
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Institusion
Universitas Islam Riau
Author
Hasanah, Amelia Uswatun
Subject
K Law (General)
Datestamp
2022-05-31 09:33:40
Abstract :
Cover songs are common thing to do era of the internet. However, in its manufacture there are conditions that should be fulfill so as not violate the exclusive rights of the creator. The problem is Nagaswara sued Gen Halilintar for violating the copyright of Nagaswara's song Lagi Syantik. This case was forwarded to the level of cassation. The rejection of Nagaswara's lawsuit made the writer interested to discusse in the form of research. The formulation of the research problem is whether the Cover Version is a violation of copyrights songs according to Act Number 28 of 2014 concerning Copyright (Verdict Number 910 K/Pdt.Sus-HKI/2020) and what is the basis for judges' considerations in making decisions based on Verdict Number 910 K/Pdt.Sus-HKI/2020. The method used in this research is the Normative Legal Research, which examines primary data in the form of Verdict Number 910 K/Pdt.Sus-HKI/2020, Central Jakarta Verdict Number 82/Pdt.Sus-Hak Cipta/2019/PN.Niaga .Jkt.Pst and Act Number 28 of 2014 concerning Copyright. Conclusions are drawn deductively. The result of the research is that it is not a copyright infringement if the production and distribution of the Cover Version is done through non-commercial information and communication technology media and benefits the Creator or related parties, and as long as the Author expresses no objection to the production and distribution. As long as the cover action of a song does not meet the elements of Article 43 and 44, it?s a copyright infringement. What Gen Halilintar did was a copyright infringement, because he made a cover of a song without fulfilling the above elements. The author does not fully agree with the judge's decision to reject Nagaswara's lawsuit entirely, because what Gen Halilintar did was a copyright infringement. Which became the basis for the judge's consideration, the purpose of making Cover came from subscribers. Many people do cover songs via YouTube, Gen Halilintar covers Nagaswara's song without permission, but still includes the word cover and the title of the song. The judge found that the claim of royalties from this song fell to WAMI as a collective management agency, not to Gen Halilintar. For the reasons above, it is still important to pay attention to and respect the exclusive rights of the creator whose work is used, whether the Cover will be a commercial or non-commercial work.
Cover songs are common thing to do era of the internet. However, in its manufacture there are conditions that should be fulfill so as not violate the exclusive rights of the creator. The problem is Nagaswara sued Gen Halilintar for violating the copyright of Nagaswara's song Lagi Syantik. This case was forwarded to the level of cassation. The rejection of Nagaswara's lawsuit made the writer interested to discusse in the form of research. The formulation of the research problem is whether the Cover Version is a violation of copyrights songs according to Act Number 28 of 2014 concerning Copyright (Verdict Number 910 K/Pdt.Sus-HKI/2020) and what is the basis for judges' considerations in making decisions based on Verdict Number 910 K/Pdt.Sus-HKI/2020. The method used in this research is the Normative Legal Research, which examines primary data in the form of Verdict Number 910 K/Pdt.Sus-HKI/2020, Central Jakarta Verdict Number 82/Pdt.Sus-Hak Cipta/2019/PN.Niaga .Jkt.Pst and Act Number 28 of 2014 concerning Copyright. Conclusions are drawn deductively. The result of the research is that it is not a copyright infringement if the production and distribution of the Cover Version is done through non-commercial information and communication technology media and benefits the Creator or related parties, and as long as the Author expresses no objection to the production and distribution. As long as the cover action of a song does not meet the elements of Article 43 and 44, it?s a copyright infringement. What Gen Halilintar did was a copyright infringement, because he made a cover of a song without fulfilling the above elements. The author does not fully agree with the judge's decision to reject Nagaswara's lawsuit entirely, because what Gen Halilintar did was a copyright infringement. Which became the basis for the judge's consideration, the purpose of making Cover came from subscribers. Many people do cover songs via YouTube, Gen Halilintar covers Nagaswara's song without permission, but still includes the word cover and the title of the song. The judge found that the claim of royalties from this song fell to WAMI as a collective management agency, not to Gen Halilintar. For the reasons above, it is still important to pay attention to and respect the exclusive rights of the creator whose work is used, whether the Cover will be a commercial or non-commercial work.
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