PERLINDUNGAN HUKUM BAGI PEMEGANG HAK CIPTA LAGU DAN MUSIK MELALUI "FILE SHARING" DI INTERNET

Abstract

This study aims to examine legal protection for the copyright song and music holder through 'tfile sharing" in internet. Then the research questions are formulated as follows: How is the legal concept protection for the copyright song and music holder through 'tfile sharing" in internet according to the law in Indonesia? What are the steps of the legal protection for the copyright song and music holder through 'tfile sharing" in internet? This research is in the typology of normative legal research. The data are collected by studying literatures/documents, legislation, and interviewing some informants such as the songwriter and the Ministry of Justice and Human Rights. The analysis is based on legislation combined with the conceptual approach. The study discovered that songs or music in the form of MP3 are creation which can be protected by Law no. 19 of 2002 about Copyright. Any form ofpublication and duplication of songs through 'tfile sharing" in internet without the copyright holders 'permission will be considered as violation of copyright which may cause any mischief towards economical and morally rights of the copyright holders. As a result, any site on internet which provides songs illegally can be penalized according to Law no. 19 of 2002 about Copyright. The action ofproviding songs by certain sites in internet is considered as the form of publication and duplication, as stated in Art. 1 (5) Law of Copyright no. 19 of 2002, "A publication is a recitation, broadcasting, exhibition, distribution or dispersion of any form of creation using any tool, including internet media or by any means, for that creation could be read, heard, xiii and seen by someone else. " Furthermore, based on Law Art. 1 (6) no. 19 of 2002 stated that duplication is multiplying the number of creation, whether as a whole or only in part, in a way immensely substantial whether using the same materials or not, including transforming permanently or temporary. There are two steps that can be taken in legal protection for the copyright song and music holder via 'Fle sharing" on internet such as preventive and repressive. This research suggests that the Ministry of Justice and Human Rights with the Police seek to enforce copyright law on maximum particularly the duplication of songs illegally on internet, in coordination with relevant agencies. In addition, the Ministry of Justice and Human Rights also coordinate with the Ministry of Communication and Information of the Republic of Indonesia to disseminate the use of technological means to protect digital music content through Digital Rights Management methods and Audio Watermarking by certain sites in internet to prevent the duplication of MP3 songs via file sharing.