| dc.description.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,
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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. | en_US |
