Penerapan Sanksi Hukum Terhadap Kreator Remix Yang Mengubah Lagu Tanpa Ijin Pencipta (Application of Legal Sanctions to Remix Creators Who Changes Songs Without the Author's Permission)

Abstract

Song remix is a new copyrighted work resulting from the re-arrangement of an existing song. In its development, song remixes are increasingly popular, especially among young people. This is driven by technological advances that facilitate the production process of song remixes. However, remixing music also raises legal issues, especially with regard to copyright protection. This is due to the fact that music remixing is essentially the use of copyrighted material created by others. Anyone who wants to remix a song must first obtain permission from the artist and/or copyright holder, in accordance with Law Number 28 of 2014 which regulates copyright. This thesis uses a descriptive qualitative approach in the research review process. The following data collection methods were used in this research: All legal publications that are not official documents, such as books, journals, and literature on legal topics, are referred to as document or literature studies. The findings of this study show that Indonesia bases its laws governing song copyright on laws governing moral rights and economic rights. Article 5 of the Copyright Act of 2014 contains moral rights, such as the ability to retain the creator's name on copies in connection with public use of his or her work or to remove it, as well as the application of legal sanctions against remixers who alter songs without the creator's consent. The rearrangement of a piece of music is known as remixing, and this violates people's economic rights. Law Number 28 of 2014 concerning Copyright has regulated legal sanctions for song copyright infringement as an effort to protect copyright. There are two types of legal sanctions: criminal and civil. Articles 123, 124, and 125 of Law Number 28 Year 2014 on Copyright regulate civil penalties for song copyright infringers