Perbandingan Pelindungan Hak Cipta atas Rekaman Lagu di Indonesia dan Amerika Serikat

Abstract

Musical works are artworks that are closely tied to everyday life, especially with the advent of technology. In addition, song recordings are an important part of musical works; music and song recordings are two inseparable elements. Music art in Indonesia is growing increasingly significant and often involves collaboration between creators and other parties. This is why copyright regulations must be adapted to technological advancements and innovations over time to better protect creators' rights. The case study of Taylor Swift's legal battle over her song recordings with Big Machine Records is used to illustrate the use of rights as a creator. This research method uses a normative legal approach applied through an analysis of regulations related to agreements and copyright. The main focus of this research is to examine the regulations comparing Indonesian and US laws on song re-recording by songwriters and the legal protection provided by both countries. The dispute was resolved non-litigiously by relying on the rights as a creator. It was found that Indonesian and US law allow the re-recording of songs with new versions by songwriters. This study found that US law provides explicit regulations on the differences between musical works and song recordings. The United States divides musical works and song recordings into two separate copyright objects, while Indonesia does not divide musical works and song recordings into two separate copyright objects, but instead includes song recordings under related rights. The results of this study conclude that copyright law in Indonesia is already quite good in regulating creative works, but the differences between musical works and song recordings, as well as other elements, need to be clarified further to create regulations that are not easily manipulated.