Claim Missing Document
Check
Articles

Found 2 Documents
Search

ANALISIS HUKUM TERHADAP HAK EKONOMI PENCIPTA KARYA MUSIK DAN LAGU YANG DI COVER VERSION PADA PLATFORM DIGITAL Adi Juardi; Martin Roestamy; Nurwati
JURNAL ILMIAH LIVING LAW Vol. 15 No. 2 (2023): Jurnal Ilmiah Living Law
Publisher : Magister Hukum Sekolah Pascasarjana Unida

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jill.v15i02.9551

Abstract

The most basic problem is that there is no regulation regarding royalty rates for performance rights on digital platforms, while the royalty rates used so far depend on each platform to the CMO. Many cover version musicians commercialize their work without the permission of the original creator, resulting in copyright infringement. The research used is empirical juridical using legislation and interview approaches. The conclusion is that due to the large potential for copyright infringement on the cover version, it must first obtain permission from the creator, Article 9 (2). Departing from the theory of development, the Copyright Law and Government Regulation Number 56 of 2021 must be able to follow existing developments. There needs to be clear rules regarding royalty rates on digital platforms, as of this writing, there are no statutory regulations or their derivatives that regulate it. About sharing royalties for copyright creators for music and songs included in digital platforms. If you look at the Utilitarianism theory carried out by WAMI's CMO for music royalties and songwriters on digital platforms, then the distribution of royalties is part of the legal goal of this theory, which is to provide benefits and happiness to as many people as possible.
Critique of Intellectual Property Law Supervision and Policy: Towards a Structured System in Indonesia Nurwati Nurwati; Radif Khotamir Rusli; Martin Roestamy; Adi Rahman Nur Ibnu
Kosmik Hukum Vol 25, No 1 (2025)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v25i1.25148

Abstract

Intellectual property (IP) law plays a crucial role in fostering innovation, creativity, and economic growth by safeguarding intellectual assets such as inventions, trademarks, and artistic works. However, the rapidly evolving technological landscape, globalization, and the rise of digital platforms have exposed significant shortcomings in existing IP legal frameworks. Key challenges include inconsistent enforcement mechanisms, fragmented legal systems, online piracy, and insufficient stakeholder awareness, particularly in developing economies. Despite attempts at reform, IP policies often remain reactive and disconnected, limiting their ability to address cross-border complexities and technological advancements effectively. This study critically evaluates the current state of IP law, identifying gaps and proposing solutions for a cohesive, proactive framework. Employing a normative legal approach, it examines statutory provisions, case law, and policy documents, with key references including the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), WIPO standards, and regional agreements. Comparative analyses of the US, EU, and Japan provide insights into best practices and highlight policy deficiencies. The findings underscore five critical issues: weak enforcement mechanisms, fragmented legal frameworks, digital challenges, low stakeholder awareness, and gaps in international cooperation. The study advocates for harmonized enforcement strategies, increased stakeholder education, and strengthened cross-border collaboration. These recommendations aim to establish an adaptive IP system aligned with technological progress, fostering global innovation and effectively protecting creators and businesses.