ARCHIVES
VOL. 10, ISSUE 6 (2024)
The provisions on the moral rights and economic rights of music creators in the event of privacy violations according to law no. 28 of 2014 on copyright
Authors
Rahmat Darmawan Tahar, Hery Firmansyah
Abstract
This study examines the violation of moral and economic rights in
musical works, especially when the creator's privacy is infringed. Moral rights
protect the creator's integrity and identity, while economic rights provide
exclusive privileges for commercial exploitation of the work. In cases of
infringement, such as unauthorized commercial use, creators can file legal
claims under Law Number 28 of 2014 on Copyright. Legal sanctions, both criminal
and civil, are detailed to protect creators, including compensation and
cessation of infringement activities. The research employs an empirical
juridical approach to analyze the application of law in society. Data were
collected through literature studies, observations, and interviews, then
qualitatively analyzed. Results indicate that copyright infringements,
especially in the digital realm such as on YouTube, often occur due to public
ignorance of copyright laws, leading to harm to creators' moral and economic
rights. Law Number 28 of 2014 mandates royalty payments as protection for
economic rights. Violations, including unauthorized duplication or claims over
others' works, may result in penalties of up to IDR 4 billion or imprisonment
of up to 10 years. Furthermore, creators' moral rights, such as credit
attribution and prohibitions on modifying works without consent, are strictly
protected. Infringements on creators' privacy are considered additional violations,
particularly in the digital domain. Creators may pursue legal actions,
including invoking the Electronic Information and Transactions (ITE) Law.
Public education on respecting copyright is crucial to reducing future
violations. This study concludes that respect for creators' moral and economic
rights is essential to ensuring fairness in the use of musical works. A
combination of legal protections, royalty payments, and public education can
prevent violations and promote a fair and ethical music industry.
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Pages:82-84
How to cite this article:
Rahmat Darmawan Tahar, Hery Firmansyah "The provisions on the moral rights and economic rights of music creators in the event of privacy violations according to law no. 28 of 2014 on copyright". International Journal of Law, Vol 10, Issue 6, 2024, Pages 82-84
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