PERLINDUNGAN HUKUM HAK CIPTA TERHADAP KARYA CIPTA LAGU DAN MUSIK DALAM BENTUK RINGTONE PADA TELEPON SELULER
ABSTRACT: Copyright works in
the field of art in the form of song, music, and film is one part of the
copyright that should receive
legal protection. Copyright,
that is, as
part of the
Law of Intellectual
Property has specific characters,
namely the appreciation,
recognition, legal protectionand
has economic value.
A song that has been created is essentially intellectual work of a
creator,as the embodiment of a sense of quality and the ability of its creator.
In this thesis, entitled Protection of Copyright Law Towards Work of
Songwriting and Music in the Form of Ringtoneto Cell Phone will discuss how
copyright regulation pursuant to Act No.19 of 2002, how Protection of Copyright
Law works in the form of songs and music on the ringtone of cell phone,and how disputes
over infringement of intellectual songs and music.
This study uses
normative juridical, that
is, a method
that examines legislation,
legal theories, theories of
law and jurisprudence
relating to the
issues discussed, in
this case the
approach issued to analyze
qualitatively on the
Protection of Copyright
Law on Songwriting
and Music in
the Form of Ringtone to Cell Phones.
Based on theresults
of these studies
which conclude that
the arrangement of
copyright law is regulated
in Law Number 19 Year2002 on Copyright,
the copyright is
subject to exclusive rights to the
creator. Legal arrangement is the authenticity protection of creative works and
creation, and the rights of the
creator.Legal protection of
copyrighted songs and
music is the
legal protection of
authenticity (original) of the creation of a personal nature have
occurred since the creation of songs and music were born. Settlement
of a dispute
over the copyright
can be conducted
either through litigation
or non-litigation path.
Through Litigation path,theCommercial Courtis
filed in accordance
with Article 60,
and non-litigation path is
through Arbitration or
Alternative Dispute
Resolution(ADR) in accordance with the Article
65 of Law of Copyright.
Penulis: Tommy Hottua Marbun,
T. Keizeirina Devi Azwar, Windha
Kode Jurnal: jphukumdd130581