PRASETIA, Ade Nufi (2023) Pelanggaran Hak Cipta pada Cover Version atas Karya Musik Melalui Konten Video pada Platform YouTube Berdasarkan Undang-Undang Nomor 28 Tahun 2014 tentang Hak Cipta (Studi Putusan Nomor 41 PK/Pdt.Sus-HKI/2021). Masters thesis, Universitas Jenderal Soedirman.

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Abstract

SUMMARY Music or song is born from a creative power, initiative and work as well as the sacrifice of the creator's thoughts, energy and time, is also a reflection of civilization and human dignity. Law Number 28 of 2014 Concerning Copyright regulates the moral norms in it which must be respected as a form of acknowledgment of the creator's hard work. The presence of these copyrighted works not only provides enjoyment for the needs of taste and soul alone, but these creations have also provided economic values and even great business opportunities legally and it is also possible illegally, in various ways carried out by the authors. Content creators who violate copyrights for music or songs today are mostly done by doing cover versions so that they proliferate and become a new phenomenon that cannot be avoided. The purpose of this study is first, to analyze legal protection against copyright infringement as a result of changing the lyrics in cover songs on the YouTube platform. Second, analyze the differences in the concept of sharing royalties contained in Law Number 28 of 2014 concerning Copyright and the YouTube platform. The research method in this paper is normative juridical using statutory research approach, conceptual research approach and case research approach. Regarding copyright, namely Law Number 28 of 2014 concerning Copyright and Government Regulation Number 56 of 2021 concerning Management of Song and/or Music Copyright Royalties. The results of the study show that legal protection against copyright infringement as a result of changing the lyrics in cover songs on the YouTube platform includes preventive legal protection and repressive legal protection as stipulated in Articles 66 to Article 67 of Law Number 28 of 2014 Concerning Copyright and Article 95 to Article 120 of Law Number 28 of 2014 Concerning Copyrights. The recording of the creation of the song "Lagi Syantik" is a preventive effort to facilitate proof in the event of a dispute. Repressive legal protection is the final protection in the form of sanctions such as fines, imprisonment and additional punishment after a dispute occurs. Civil lawsuits to the Commercial Court by creators are a form of repressive legal protection for violations of the creator's moral and economic rights as stipulated in Article 5 and Article 9 of Law Number 28 of 2014 Concerning Copyrights. The difference between the concept of sharing royalties contained in Law Number 28 of 2014 Concerning Copyright and the YouTube platform is that a content creator is subject to YouTube's rules. Based on the conditions imposed by Google AdSense, content creators can monetize AdSense by 68% of ad results provided they already have at least 1000 subscribers and have watched at least 4000 hours in 12 months. Payment of royalties for the commercial use of songs on the YouTube platform is made through the Collective Management Institute (CMI) using YouTube's own rules. Keywords: Copyright, Cover Version, YouTube Platform

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