PELINDUNGAN HAK MORAL PENCIPTA DI BIDANG KARYA MUSIK OLEH LEMBAGA MANAJEMEN KOLEKTIF DI INDONESIA
Mendra Patuagian, Dina W. Kariodimedjo, S.H., LL.M., Ph.D
2024 | Tesis | S2 ILMU HUKUM JAKARTA
This research to determine and analyze function of the collective management organization in protecting the moral rights auhors in the field of musical works. Additionally, it aims to discover and understand the efforts made by collective management organization in response to violations of moral rights, both as preventive measures and resolutions to infringements committed by users of a copyrighted work in Indonesia.
The research uses normative-empirical method. Normative research uses historical approach, conceptual approach and comparative approach focused on the inventory of positive law, principles, doctrines, and legal discovery to obtain secondary data. Moreover, empirical research is conducted to obtain primary data, supplemented by library studies and interviews with respondents from collective management organization as primary data. Data processing uses qualitative methods and is then presented descriptively.
The results of this study identified several key points: First, collective management organization in exercise its functions has the authority to manage economic rights along with the protection of creators' moral rights over the works used by users. However, further clarification in legislation regarding the collective management organization authority as an intermediary between authors and users, particularly concerning arrangements, is needed. Second, the collective management organizations in Indonesia have made efforts to protect the moral rights of creators, including negotiating with copyright users, issuing warnings to musicians who violate these rights, and attempting to create a digital database of songs and music to help users identify the original form of the works and understand the limitations of covers. However, these actions have not yet been fully effective to protect the moral rights of creators regarding the use of their works by users.
Kata Kunci : Pelindungan, Pencipta, Hak Moral, Lembaga Manajemen Kolektif