Perlindungan Hukum Terhadap Hak Cipta Lagu Yang Dinyanyikan Di Cafe Kota Pekanbaru Berdasarkan Undang-undang Nomor 28 Tahun 2014 Tentang Hak Cipta

Ningrum, Indah Tri Kusuma (2023) Perlindungan Hukum Terhadap Hak Cipta Lagu Yang Dinyanyikan Di Cafe Kota Pekanbaru Berdasarkan Undang-undang Nomor 28 Tahun 2014 Tentang Hak Cipta. Other thesis, Universitas Islam Riau.

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Abstract

Copyright is one of the intellectual property rights, what is meant by copyright is the exclusive right or right owned by the creator or the copyright holder to regulate the use of the work or the results of certain ideas or information. In article 1 paragraph 1 of Law number 28 of 2014 concerning Copyright defines copyright as follows: Copyright is the exclusive right of the creator that arises automatically based on declarative principles after a work is manifested in a tangible form without reducing restrictions in accordance with statutory provisions. . The main problems in this study are How is the Legal Protection of Copyright of Songs sung in Pekanbaru City Cafes Based on Law Number 28 of 2014 concerning Copyright. How to solve the problem if there are demands against cafe and restaurant musicians in Pekanbaru. This study uses observational research or survey legal research methods where in this study collects information from respondents using data collection tools in the form of interviews and the nature of this research is analytical descriptive, that is, research provides data as accurate as possible to describe how the legal protection of copyright of songs sung in cafes is carried out. Pekanbaru City based on Law Number 28 of 2014 concerning Copyright. The results of the study show that legal protection for original singers as rights holders if the song is sung without permission can be seen in Law Number 28 of 2014 concerning Copyright in Article 40 paragraph (1) letter d which states that protected works include works in the field of science. , arts, and literature consist of songs and/or music with or without subtitles. The work as intended is protected as a separate creation without prejudice to the Copyright of the original Work. However, if the song that is sung again is a song whose copyright protection period has expired, then the song no longer has copyright protection. This is in accordance with article 58 paragraph (1). Settlement of disputes for violations of rights in the context of songs sung without permission can be reached in 2 ways, namely dispute resolution outside the court and settlement in court. Settlement of disputes outside the court includes arbitration, mediation, negotiation, conciliation. While the settlement of disputes in court can be done through the commercial court. Law enforcement regarding copyright can be seen in Article 1365 of the Civil Code which explains that every unlawful act that causes harm to others, obliges the person who because of his mistake in publishing the loss, compensates for the loss.

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