Pelindungan Hukum terhadap Pemegang Hak Cipta Karya Musik dalam Platform Berbasis UGC (User Generated Content) (Studi Putusan MK No 84/PUU-XXI/2023)

Abstract

The unauthorized use and provision of musical works have become common, especially on UGC platforms. Breach occurs on UGC platforms that provide features for adding music isn’t done legally. Some platforms also allow users to upload their audio that contains protected musical works. There are so many copyright holders of musical works who feel uneasy about this. One of them is PT Aquarius Pustaka Musik. PT Aquarius Pustaka Musik filed a lawsuit against the UGC platform operator, Likee, but their lawsuit was rejected because UGC platforms aren’t considered 'trading places'. Finally, PT Aquarius Pustaka Musik with PT Aquarius Musikindo and Melly Goeslaw, filed a petition for material judicial review to the Constitutional Court regarding Article 10 and Article 114 of the Copyright Law because the phrase 'trading place' on those articles is the reason why UGC platforms can’t be sued for copyright infringement. This research discuss the influence of technology on changes in Copyright Law, existence of UGC platforms and their relation to the legal vacuum in Article 10 and Article 114 of the Copyright Law, and impact of Constitutional Court Decision No. 84/PUU XXI/2023 on UGC platforms and copyright holders. The research method that used is normative legal method with statute approach, particularly towards the Copyright Law, and a case approach, namely the case between PT Aquarius Pustaka Musik, PT Aquarius Musikindo, and Melly Goeslaw with Likee which is the reason for the filing of the material test application for Article 10 and Article 114 of the Copyright Law to the Constitutional Court.. Based on the research findings, the development of technology is the main reason for the amendment of copyright laws, UGC platforms are not 'places for trade' in Article 10 and Article 114 of the Copyright Law creating a legal vacuum for UGC platforms, the partial granting of requests in the Constitutional Court Decision No. 84/PUU-XXI/2023 having a positive impact for copyright holders. Although the expansion of meaning only applied to Article 10 of the Copyright Law, Article 10 and Article 114 of the Copyright Law are bound and inseparable, so the application of Article 114 of the Copyright Law aligns with the interpretation of Article 10 of the Copyright Law. Therefore, UGC platforms can be sued for copyright infringement.