Perlindungan Terhadap Hak Ekonomi Pencipta Musik Dan Lagu Asing Di Indonesia Berdasarkan Undang-undang Nomor 28 Tahun 2014 Dikaitkan Dengan Trade Reated Aspects Of Intellectual Property Rights

Haslinda, Reni (2019) Perlindungan Terhadap Hak Ekonomi Pencipta Musik Dan Lagu Asing Di Indonesia Berdasarkan Undang-undang Nomor 28 Tahun 2014 Dikaitkan Dengan Trade Reated Aspects Of Intellectual Property Rights. Other thesis, Universitas Islam Riau.

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Abstract

In Article 1 number 1 of Law Number 28 of 2014 concerning Rights Cipta stated that "Copyright is the exclusive right of the creator that arises automatically based on the declarative principle after a creation is manifested in a tangible form without reducing restrictions in accordance with the provisions of legislation ". Furthermore economic rights are the right to exploit namely the right to announce and reproduce a work, while moral rights are rights which contains a prohibition to make changes to the contents of the work, the title of the creation, the name Creator, and Creation itself. Based on the background above, the problems examined are: 1) Forms of Legal Protection Against Economic Rights Creators of Foreign Music and Songs Based on TRIPS, and 2) Dispute Settlement Mechanism Against Rights Violations Economy of Music and Song Creators in Indonesia. Judging from the type, this research belongs to normative legal research, namely research as a characteristic in the field of law to discuss the principles law, legal systematics, the degree of legal synchronization, while seen from its nature this research is descriptive. The results of the study show that the Form of Legal Protection Against Economic Rights of Creators of Foreign Music and Songs Based on TRIPS, in this case it can seen legal protection against the economic rights of music creators and songs given by Law Number 28 of 2014 as contained in Article 58 paragraph 1, 2 and paragraph 3 the economic rights of the creator are protected 70 (seventy) years. Then in the event of a violation of the economic rights of the claimant and the recipient of the copyright can subject to criminal sanctions as referred to in Article 113 of Act Number 28 2014 concerning Copyright. While Trips do not regulate the economic rights of music creators and songs but Trips only mention economic rights with exclusive rights as Article 13 Trips. Dispute Settlement Mechanism Against Rights Violations Economy of Music and Song Creators in Indonesia. Efforts that can be made on one cases of violations of economic rights of music creators and songs performed without Seizing creators can be done in two ways, namely through litigation lines and non-pathways litigation as mentioned in Article 95 paragraph 1, while the authority of the Court is Commercial Court as stated in Article 95 paragraph 2. Dispute resolution litigation is a settlement carried out using court media, while the settlement of non-litigation disputes is the settlement of disputes made at out of court.

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