Perlindungan Hak Ekonomi Pemegang Hak Cipta Atas Lagu Menurut Undang-Undang Nomor 28 Tahun 2014 tentang Hak Cipta

Abstract

The Indonesian music industry is developing so that it makes economic opportunity for composers and copyright holders. However, technological advancement and accessibility to musical work also causes challenge of protecting a composer's economic rights. Law No. 28/2014 on Copyright (UUHC) is used by the government to strengthen protection for copyright, including the economic rights of a copyright holder for his songs. The research problems are as follows: how about the requirements and the procedure of getting the license for the singer from a copyright holder, how about the authority of the LMK (Collective Management Board) in giving license for singing another composer's songs, and how about the mechanism of civil dispute resolution concerning the use of economic rights owned by a copyright holder's song according to Law No. 28/2014. The research uses juridical normative research method which is referred to legal norms. They are conducted through library research It also uses descriptive research method, and the data are analyzed qualitatively. The result of the research shows that the management of copyright in Indonesia involves a complicated process such as requirements and procedure for getting license, the role of LMK, and the mechanism of dispute resolution. To use a song, the user has to identify and make contact with its copyright holder, submit detailed request, and agree on the requirements for using it. LMK plays its role as an intermediary, giving blanket license, and managing royalty, even though its authority is non-exclusive. Meanwhile, Law No. 28/2014 provides some lanes of dispute resolution, commencing from alternatives of resolution until the process of litigation in the Commercial Court for giving effective legal protection for copyright holders and encouraging peaceful resolution. The whole system is aimed at developing the interest of the composers, the users, and the music industry.