State_s Responsibility for the Protection of Moral Rights in Music Copyright Cases in Indonesia
Abstract
The development of digital technology has made the distribution and
transactions of musical works on the internet increasingly day by day supported
by the convenience of this technology, coupled with the role of music today
which cannot be separated from music, yet this actually made the protection of
copyright in cyberspace overwhelmed and not maximized. Especially in
Indonesia, even though Indonesia already has regulations on copyright, namely
Law Number 28 of 2014. The basic rights of copyright, namely moral rights and
economic rights over a work protected by copyright, are not fulfilled yet,
especially in moral rights. This publication manuscript will focus on moral rights
attached to the creator. Moral rights are exclusive rights inherent in creators that
are often underestimated by people who place more emphasis on economic rights
which are more visible. It also endangers the position of the creator who is
underestimated by the public.
The research method used in this research is normative legal research
based on positive law namely regulation. The approach method used by the writer
in this research is through statutory research approach, which the approach
method is to analyze the problem based on the statue or the regulation of the
copyright law, Law Number 28 of 2014 which examines aspects of the law of
moral rights in music copyright in Indonesia. The source of data is from
secondary data or mainly from the copyright law of Indonesia, some journals or
other literature related to this research which is collected through library literature
study.
The government holds accountable to protect the moral rights that become
an exclusive rights of the creator in any copyrighted musical work as regulated
under Indonesian Copyright Law Number 28 of 2014 equivalent to economic
rights, therefore if there is a dispute over the work it can be resolved through
litigation or outside litigation.
Furthermore, the sense of respect and appreciation of the creator is needed
as a form of protection of moral rights of the creator, because moral rights are
rights that are related to the integrity and reputation of the creator. Moral rights
need to be protected to encourage the creator to create more works. Therefore, the
government should introduce deeply about the rights of the creator to the society
by providing some socialization or educating children about moral rights, also the
state should have specific regulation about moral rights infringement so that
society more considers about moral rights of the creator.
Keywords: Moral Rights, Creator, Music Copyright, Musical
Collections
- Law [2314]