Proceedings of the International Conference on Law, Public Policy, and Human Rights (ICLaPH 2023)

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Legal Protection of Song Copyright Works from Music Covers on Youtube with Fair Use Principles

Authors
Melisa Kusherawati1, *, C. S. A. Teddy Lesmana1
1Law Study Program, Faculty Of Business And Humanities, Nusa Putra University, Sukabumi, West Java, Indonesia
*Corresponding author. Email: melisa.kusherawati_hk19@nusaputra.ac.id
Corresponding Author
Melisa Kusherawati
Available Online 30 August 2024.
DOI
10.2991/978-2-38476-279-8_25How to use a DOI?
Keywords
Copyright; Youtube; Music Cover; Fair Use
Abstract

The music trend of cover versions, remakes, cover songs, revivals, or simply called covers is a new recording or performance of a song that has previously been released commercially. Video of music covers is currently rampant on Youtube social media. This is inseparable from the moral and economic benefits that its users get through the features offered by Youtube. Since Indonesia is a country of laws, it has certainly provided legal protection to Music Creators for their creations. This study aims to analyze the legal protection of a song citpa work from a music cover on Youtube and find out the sanctions given against perpetrators or Youtube channels who violate the copyright of the music cover. In this study, the method used is normative legal research with a statutory and conceptual approach. There needs to be legal protection afforded to the creator of the original music. Legal protection is preventive in the formulation of the exclusive rights of Music Creators into Article 5 and Article 9 of Law No. 28 of 2014 concerning Copyright and repressively, Article 99 of Law No. 28 of 2014 concerning Copyright. Criminal sanctions are regulated in Article 113 paragraph (4) of Law No. 28 of 2014 concerning Copyright in the form of a maximum imprisonment of 10 years and/or a maximum fine of Rp. 4,000,000,000.00. is the article that governs this and allows music creators to fight for their rights that have been violated through the courts and out of court. As for sanctions for violating music copyright as background sound for videos on Youtube, namely sanctions in the form of compensation for losses that have been caused.

Copyright
© 2024 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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Volume Title
Proceedings of the International Conference on Law, Public Policy, and Human Rights (ICLaPH 2023)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
30 August 2024
ISBN
978-2-38476-279-8
ISSN
2352-5398
DOI
10.2991/978-2-38476-279-8_25How to use a DOI?
Copyright
© 2024 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

Cite this article

risenwbib
TY  - CONF
AU  - Melisa Kusherawati
AU  - C. S. A. Teddy Lesmana
PY  - 2024
DA  - 2024/08/30
TI  - Legal Protection of Song Copyright Works from Music Covers on Youtube with Fair Use Principles
BT  - Proceedings of the International Conference on Law, Public Policy, and Human Rights (ICLaPH 2023)
PB  - Atlantis Press
SP  - 222
EP  - 231
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-279-8_25
DO  - 10.2991/978-2-38476-279-8_25
ID  - Kusherawati2024
ER  -