非授权翻唱行为对歌曲版权保护的法律审视

Rachmat Satyo Krismanto, Luluk Lusiati Cahyarini
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引用次数: 0

摘要

侵犯版权是一种法律禁止的行为,在实践中,版权侵权在印度尼西亚分为几种形式的歌曲盗版,造成创作者和国家的损失,因此政府试图执行版权法。撰写这篇科学论文的问题与印度尼西亚歌曲作者权利的侵犯形式、安排和法律保护努力有关。本研究采用规范的司法方法。同时,本研究的结论是,只要与歌曲艺术作品相关的行为和翻唱是非商业性的,并且创作者在不反对该活动的情况下也获得了利益,那么该活动就不包括版权侵权。另一方面,我们也要知道,有很多印尼人通过Youtube、Instagram和抖音等社交媒体报道和上传了这一事件。《著作权法》第43条和第44条规定了行为是否构成著作权侵权的标准。至于法律保护的努力,其中之一是预防(preventive)和打击(cracking down)。一种方法是与社区进行社交。当然,政府也采取了许多相关行动,取得了最大的成效。但对我们来说,提醒彼此版权侵权并不是一件坏事。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
The Legal Review Regarding Copyright Protection of Songs from Unauthorized Song Cover Actions
The copyright infringement is an act prohibited by the law, in practice copyright infringement is divided into several forms of song piracy in Indonesia which results in losses from the creator and the state, therefore the government tries to enforce copyright law. Problems in writing this scientific paper are related to forms of violations, arrangements and legal protection efforts for the rights of songwriters in Indonesia. This research uses a normative juridical approach. Meanwhile, the conclusion of this study is that an activity does not include copyright infringement as long as the acts and covers related to the song's artwork are noncommercial and the creator also gets benefits without objection to the activity. On the other hand, we also need to know that there are a lot of Indonesians who cover and upload it on social media in the form of Youtube, Instagram and Tiktok. Article 43 and Article 44 of the Copyright Act explain the criteria for whether the activity meets the elements of copyright infringement or not. As for legal protection efforts, one of them is by preventing (preventive) and cracking down (repressive). One way is by socializing with the community. Although of course the government has also taken many related actions, with maximum results. But for us, it is not the wrong thing to remind each other about copyright infringement.
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