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Journal articles on the topic 'Music copyright'
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Sasongko, Wahyu. "Theoretical Review: The Protection of Music Copyrights in the Radio." FIAT JUSTISIA:Jurnal Ilmu Hukum 13, no. 4 (November 15, 2019): 307. http://dx.doi.org/10.25041/fiatjustisia.v13no4.1814.
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Playback of music or songs on the radio has the potential to infringe the copyright songwriters. Based on the applicable legal provisions, namely Law Number 28 the Year 2014 concerning Copyrights, the songwriter is the copyright owner of music which is protected by law. Therefore, parties who take advantage of music must obtain permission from the copyright owner. Radio companies should get permission from the copyright owner to play the music on their radio station. However, it is difficult to oversee the playback of the music on the radio. In this context, a collective management agency (CMA) emerges, but the presence of a CMA is not mandatory or optional. Therefore, this paper does not involve CMA. In this regard, legal issues arise, namely how to protect music copyrights according to applicable law to attain legal certainty. This paper is a theoretical study of legal theory or legal doctrine relating to the rights of songwriters. In legal science or jurisprudence it is not clearly distinguished between legal doctrine and legal theory. In discussing this issue, firstly it will be discussed about the meaning and types of music copyrights. Next, it will be discussed about the legal construction or legal framework of music copyrights. Based on theoretical studies, songwriters have various rights with specific characteristics so that the treatments must also be accurate. The legal construction of music copyrights is intertwined in a network of legal binding that is influenced by subject and object factors. The subjects involved are interconnected to use the music as its object. The legal relationship between subjects is mutually beneficial or mutual symbiosis. Meanwhile, music as objects is a flexible commodity. Therefore, airing music on the radio is in doubt to be categorized as copyright infringement.
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Beckman, Sydney A. "The Copyright Crusher." 2013 Fall Intellectual Property Symposium Articles 1, no. 4 (March 2014): 901–20. http://dx.doi.org/10.37419/lr.v1.i4.4.
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Authors of original works (such as music, books, et cetera) have certain exclusive rights including, but not limited to, the reproduction of copyrighted works in copies and the preparation of derivative works. Apple’s iTunes is a vehicle for infringement. The conversion of compact discs (“CDs”) to a compressed format for portable music players such as iPods, iPhones, iPads, and computers violates a copyright holder’s exclusive rights. This Article discusses the fundamental issue of copyright protections, the way iTunes facilitates the infringement of these rights, and the legal liability of Apple for creation of this software.
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Silfiani, Diana. "Indonesian Legal Protection for Song Commercialization and Music Copyrights in Digital Platforms." PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) 9, no. 2 (2022): 152–69. http://dx.doi.org/10.22304/pjih.v9n2.a1.
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The Covid-19 pandemic has accelerated the digital influence on the Indonesian music industry. Music concerts, which are usually held offline with crowds of people, are no longer possible because crowds can make new clusters of Covid-19. The Indonesian music industry needs alternatives to survive the pandemic, and the advance in technology has the solution. Virtual concerts that are broadcasted via digital platforms have started to thrive. They use copyrighted songs and/or music so that royalty payments are made in accordance with the type of use and needs. Unfortunately, the Law Number 28 of 2014 on Copyright and the Government Regulation Number 56 of 2021 on the Management of Song and/or Music Copyright Royalties do not regulate the use in detail and specific manners. Therefore, the industry actors have not found the right payment formula for the economic rights royalties. The absence of regulations certainly does not reduce the user’s primary obligation to obtain a songwriter's permission and pay royalties for song and/or music copyrights. The fulfillment of the obligation to pay royalties must still be accomplished with due regard to applicable provisions. This study examined the problems with a normative juridical method. It considered the practices and customs that apply in Indonesia. It also generated some perspectives from relevant stakeholders.
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Destyarini, Normalita, Idha Pratiwi Dyah Sinta Dewi, Ravina Savitri, and Alifah Nur Fitriana Naridha. "COPYRIGHT ISSUE ON MUSIC BACK SOUND USAGE ON YOUTUBE VIDEO." Diponegoro Law Review 7, no. 1 (April 28, 2022): 1–16. http://dx.doi.org/10.14710/dilrev.7.1.2022.1-16.
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The emergence of social media Youtube also raises new legal problems in the field of copyright. The use of music as a video background by a content creator is often done without the permission of the creator. Using the work without the author's permission violates the exclusive rights of the creator. This paper will describe the policies that YouTube has in protecting music creators as well as law enforcement efforts for Content Creators who use music as a background without the creator's permission in connection with copyright regulations in Indonesia. The research is normative research using a statutory approach, data collection through library research, and analysis using descriptive-analytical techniques. The results of the study show that the protection of music as a background for videos uploaded on the Youtube site is regulated in Article 5, Article 9, and Article 20 of the Copyright Law. Copyright legal protection is provided by Youtube by granting a license, through this license copyright holders can claim Content ID in the event of a violation of copyrighted material. The Indonesian government provides repressive measures that can be taken in the event of copyright infringement through litigation and non-litigation.
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De Freitas, Denis. "Copyright and Music." Journal of the Royal Musical Association 114, no. 1 (1989): 69–79. http://dx.doi.org/10.1093/jrma/114.1.69.
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It is strange, and indeed unfortunate, that the term ‘copyright’ is so uninspiring, because the subject-matter of copyright is inspiration itself: copyright is concerned with the creative output of authors, composers, artists and others who enrich the cultural and intellectual dimensions of life. It is the purpose of the copyright system, as it operates today, in accordance with principles which have been developed over the last century and a half, to ensure that cultural and intellectual works are created and disseminated as plentifully and as widely as possible.
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Dong, Xue “Snow”, and Krishna Jayakar. "The Baidu Music Settlement: A Turning Point for Copyright Reform In China?" Journal of Information Policy 3, no. 1 (January 1, 2013): 77–103. http://dx.doi.org/10.5325/jinfopoli.3.1.77.
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Abstract Why did Baidu, China's largest Internet search service, settle a 2011 music copyright infringement case with three large western music publishers when it had prevailed on previous such claims against it? Dong and Jayakar explore four possible reasons for the Baidu settlement, and conclude that while one may not have been enough, all of them taken together likely led to the result, representing a major shift in Baidu's position on music copyrights. The authors then ask if this case may be exemplary of a major shift of China's overall attitude towards copyright and intellectual property.
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Gorda, AAA Ngurah Sri Rahayu, Ida Ayu Ketut Artami, Putu Eva Ditayani Antari, Kadek Januarsa Adi Sudharma, and Robert Vaisile Moisa. "Legal protection for copyright holders of commercialized remix song cover version." Legality : Jurnal Ilmiah Hukum 30, no. 1 (February 10, 2022): 1–11. http://dx.doi.org/10.22219/ljih.v30i1.17034.
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Copyright is legal and registered work. a copyright holder has two exclusive rights: economic and moral rights. A song or music copyright is one of the copyrights in the realm of art. However, there have been several copyright infringements in the music industry recently, and the cover version of a song is one of many. Many performers cover songs without the consent of original composers. They also sell and buy the music, which has obviously taken away the creator's economic and moral rights. As a result, legal protection for composers is required to prevent future instances of copyright infringements of music. The objective of this study is to determine the legal protection afforded to copyright holders of the commercialized version of a cover song, as well as the purposeful conclusion of the case involving the marketed version of the covered song. This research employed a normative approach based on literature. This study's technical analysis employed descriptive - qualitative methods. Two types of legal protection for songwriters constitute preventative and repressive protection, where the former is achieved by registering works held by the Directorate General of Intellectual Property Rights and undertaking public awareness campaigns emphasizing the significance of copyright recognition. Meanwhile, repressive protection is sought by filing a civil complaint, and criminal charges to the District Court. There are two options to resolve copyright issues over songs: in court or outside court, where the litigation process involves filing a case to the district court, and the non-litigation process may require negotiation.
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Rohmatulloh, Rohmatulloh, Anton Aulawi, and Alamsyah Basri. "KESADARAN HUKUM PEKERJA MUSIK KOTA SERANG TERHADAP HAK CIPTA MUSIK DITINJAU DARI UNDANG-UNDANG NO. 28 TAHUN 2014 TENTANG HAK CIPTA." Pro Patria: Jurnal Pendidikan, Kewarganegaraan, Hukum, Sosial, dan Politik 5, no. 1 (February 28, 2022): 114–29. http://dx.doi.org/10.47080/propatria.v5i1.1771.
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ABSTRACT
An understanding of copyright is a must-have for every music worker or person in the music industry, because this is closely related to the protection of every work created by musicians so that they are not misused by irresponsible parties and take good profits. financially and existentially. This study aims to determine the awareness of musicians related to Law Number 28 of 2014 Year concerning Copyright and the occurrence of copyright infringement, especially song copyrights in Serang City. The research method used is research with a qualitative approach with data collection techniques, namely observation, interviews and documentation. The results of the study indicate that the influence of the Copyright Law for music workers in Serang City who are members of the Salbai 34 Venue community has not had a significant influence in providing legal protection, because in each of their published musical works, almost on average they have not met to get royalties. per month due to several digital platform rules that put limits on getting royalties from each work that is played and there are still many copyright infringement cases, by unscrupulous music workers, both by musicians and content creators. The level of legal awareness of music workers in Serang City regarding copyright in terms of Law Number 28 of 2014 Year is not yet or still lacks legal awareness. There are four indicators to determine that music workers in Serang City do not yet have good legal awareness, where each of these indicators is a stage for the next stage, namely legal knowledge, legal understanding, legal attitudes, and patterns of understanding community behavior.
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Gayatri, Anak Agung Ayu, Anak Agung Sagung Laksmi Dewi, and Luh Putu Suryani. "Perlindungan Hukum Atas Hak Kekayaan Intelektual Karya Seni Musik Gamelan Bali." Jurnal Preferensi Hukum 2, no. 2 (June 30, 2021): 371–76. http://dx.doi.org/10.22225/jph.2.2.3340.371-376.
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Indonesia has a variety of traditional arts, one of which is Balinese gamelan music, along with the development of times as well as technology and the internet, a Balinese gamelan music art is easy for the public to enjoy but is prone to copyright infringement. The Balinese gamelan is a traditional Balinese musical instrument that has a unique sound which is then developed and preserved by Balinese artists in anticipation of the occurrence of sengkera, and to obtain legal certainty for creators of Balinese gamelan music in their work. The purpose of this study is to determine the legal arrangements for the intellectual property rights of Balinese gamelan music and to know the legal protection of intellectual property rights of Balinese gamelan music. By using normative research methods. Intellectual Property Rights consist of copyrights regulated in Law No.28 of 2014 concerning Copyright which regulates protected works, traditional cultural expressions, and law enforcement efforts through civil suits, criminal charges, arbitration and legal remedies and criminal sanctions. It is better if the Copyright Law regulates traditional music works of art in more detail and is developed by examining legal violations that occur through technological sophistication both domestically and abroad.
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Polak, Fiona, and Athol Leach. "DEVELOPING GUIDELINES FOR SOUTH AFRICAN MUSIC LIBRARIANS." Mousaion: South African Journal of Information Studies 32, no. 3 (September 30, 2016): 69–92. http://dx.doi.org/10.25159/0027-2639/1677.
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Music librarians must have knowledge of the copyright laws which govern the transferring of music from the old analogue form to the new digital formats. These laws were a particular concern of the South African Music Archive Project (SAMAP) which aimed to create an online resource for indigenous South African music particularly that of musicians suppressed during the apartheid years. Polak’s (2009) study was an offshoot of SAMAP. This article draws on her study and identifies the specific problems encountered by music librarians with regard to digital copyright law pertaining to music. The guiding theoretical framework is based on the Berne Convention (2014) and the World Intellectual Property Organization (WIPO) Copyright Treaty (1996) which provide the overarching international framework for guiding copyright. The literature review focuses on the international and national legislation; copyright in original recordings; duration of copyright; fair use, the public domain and information commons; copyright and fair dealing; and the South African Copyright Act (No. 98 of 1978). A survey conducted by e-mail identified problem areas experienced by the music librarians regarding the digital music copyright laws in South Africa. Two sets of guidelines for South African music librarians were formulated using their responses and the literature reviewed, and recommendations are made.
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Dwisvimiar, Inge, Fasya Mardhatillah Adani, and Anne Gunawati. "Copyright Protection of Song in the form of Barcode in Spotify Application for Commercial Purposes." Nagari Law Review 6, no. 1 (October 24, 2022): 12. http://dx.doi.org/10.25077/nalrev.v.6.i.1.p.12-24.2022.
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The current development in digitalization has facilitated better human life, including enjoying the work of art, especially songs. One of the development is the Spotify application service. The application has made it easier to enjoy of work of song. Even though the song and music works have been protected in the Copywrite Law, the development has also caused the rise of copywriting violations. This article explores the legal protection for the Spotify application for song copyrighted works in the form of a barcode on the Spotify application for commercial purposes and the legal settlement regarding song copyrighted works in the form of a barcode on the Spotify application for commercial purposes. The research applied normative legal research with the statute, conceptual, and case study approach. The data collected are secondary data and primary which collected from library studies and field studies and analyzed descriptively and qualitatively. The study concludes that in practice legal protection in song and/or music copyrighted works can not be claimed and can not be protected because there is no recording of the results modified into acrylic products. Royalties can not be paid to creators and/or copyright holders though the infringement has been done and it has violated both moral rights and economic rights. Legal settlements cannot be completed through Article 95 of the Copyrights Law because there has been no official report by the aggrieved party, namely the creator and copyright holder, to the Spotify application.
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Cockburn, Brian. "Music and Copyright (review)." Notes 62, no. 1 (2005): 104–6. http://dx.doi.org/10.1353/not.2005.0086.
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Frith, Simon. "Copyright and the music business." Popular Music 7, no. 1 (January 1988): 57–75. http://dx.doi.org/10.1017/s0261143000002531.
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For the music industry the age of manufacture is now over. Companies (and company profits) are no longer organised around making things but depend on the creation of rights. In the industry's own jargon, each piece of music represents ‘a basket of rights’; the company task is to exploit as many of these rights as possible, not just those realised when it is sold in recorded form to the public, but also those realised when it is broadcast on radio or television, used on a film, commercial or video soundtrack, and so on. Musical rights (copyrights, performing rights) are the basic pop commodity and to understand the music business in the 1980s we have to understand how these rights work. In this article, then, I begin and end with record companies' uses of copyright law and ideology to defend themselves against current technological and political threats to income, but I also want to ask questions about how the law itself defines music and determines the possibilities of musical ‘exploitation’. And this means putting contemporary arguments (for and against the blank tape levy, for example) in historical perspective.
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Alawsi, Dr Husham. "The Role of Bahraini Law on Online Copyright Infringement." International Business & Economics Studies 2, no. 4 (November 20, 2020): p23. http://dx.doi.org/10.22158/ibes.v2n4p23.
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The main aim of this research paper is to look at the role of Bahraini law in copyright infringement. In Bahrain, many commercially pirated audio and video markets have been eliminated through various laws. However, video, software and audio piracy by end-users is still a huge problem. A copyright infringement is considered to be a violation of an organization or individual’s copyright. It describes the copyrighted material’s unauthorized use, such as images, text, videos, software, music and other original content. Copyright infringements have been formally addressed through various copyrights law in Bahrain, but there are some glaring omissions as well. No other protect has been attacked more than computer hardware and software in Bahrain, copying of computer software is “out of control” in Bahrain. Many companies have been accused of using illegal copies of Microsoft computer software products. The study argues that country might have a beautifully tidy and coherent law, but it might not be followed. The mechanisms of criminal and civil enforcement, and the working of patent and trademark offices and of the judicial system itself, are essential to the enforcement of copyright laws in practice. The absence of governmental interference helps Bahraini software pirates to work at will. The study concludes while contended that there should be a law with regard to compulsory licensing since this compulsory licensing would be required by the companies to transfer data to a domestic partner. Furthermore, stricter enforcement of copyright laws is essential because they would help prevent copyright infringements in Bahrain.
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Jafar, Sofyan, Joelman Subaidi, and Dedy Syahputra. "PERLINDUNGAN HUKUM HAK CIPTA TERHADAP SENIMAN ACEH DALAM INDUSTRI LAGU ATAU MUSIK ACEH BERDASARKAN UNDANG-UNDANG NOMOR 28 TAHUN 2014 TENTANG HAK CIPTA." Jurnal Geuthèë: Penelitian Multidisiplin 5, no. 2 (August 3, 2022): 88. http://dx.doi.org/10.52626/jg.v5i2.146.
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In Indonesia, Copyright is regulated in Law Number 28 of 2014 concerning Copyright. One of these Copyright protections is songs or music, including the Copyright of Aceh songs or music which has experienced such rapid development, even now it has penetrated into the internet world. Therefore, this article is intended to examine and analyze the extent of knowledge of Acehnese artists, because there are still many Acehnese artists' works – especially in Acehnese music and songs – which are adapted and used by others without the permission of the copyright owner. The use of music and songs is indeed justified if it is done by asking permission from the copyright owner. This research is a qualitative legal research with a normative approach and is supported by empirical data using primary and secondary data. The results of the study found that there are still copyright infringement practices in the production of songs or music in Aceh, including the use of songs or music in Aceh that are used without permission from the copyright holder, such as singing songs or music by other people without permission which is then uploaded. on social media and internet media such as YouTube which is commonly known as Cover. This act clearly violates the rule of law and has ignored the moral and economic rights of the copyright owner.
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Bartow, Ann. "Using the Lessons of Copyright's Excess to Analyze the Political Economy of Section 203 Termination Rights." Texas A&M Journal of Property Law 6, no. 1 (October 2020): 23–36. http://dx.doi.org/10.37419/jpl.v6.i1.3.
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Glynn Lunney’s recent book Copyright’s Excess: Money and Music in the Recording Industry provides many important, even stunning insights about copyright law and policy, primarily from the standpoint of economic analysis. To highlight just one example of many, Lunney does an outstanding job assembling data to support a core assertion— more money does not mean more music.
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Potter, Wellett. "Music Mash-Ups: The Current Australian Copyright Implications, Moral Rights and Fair Dealing in the Remix Era." Deakin Law Review 17, no. 2 (February 1, 2013): 349. http://dx.doi.org/10.21153/dlr2012vol17no2art84.
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This article discusses the likely Australian copyright implications of an increasingly popular form of digital music expression: the music mash-up, a majority of which are created from pre-existing audio/sound recordings and video without permission of the copyright owner. In examining this issue, the analysis of the courts in the recent Larrikin music copyright infringement cases are examined. Consideration of the implications of music mash-up creation to moral rights is also considered. In the hypothetical scenario that a music mash-up artist is accused of copyright infringement, consideration is given as to the likely outcome of the application of the fair dealing exceptions under the Copyright Act 1968 (Cth). Finally, a suggestion is made as to the direction of future law reform in this area.
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Anak Robert KIP, Beatrice Stella, Yin Yung Lim, and Ee Shiang Lim. "COMMITTING DIGITAL MUSIC PIRACY: A STUDY IN PENANG." JOURNAL OF ECONOMICS AND SUSTAINABILITY 4, No.1 (January 31, 2022): 58–72. http://dx.doi.org/10.32890/jes2022.4.1.5.
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Piracy is one of the primary challenges facing the music industry. Music piracy has accounted for substantial revenue losses in this industry in Malaysia, a country in which intellectual property regimes are deemed as a matter of concern. If music piracy is left unchecked, it may destroy the value chain of the music industry. This study aims to explore the extent to which digital music copyright violations prevails in society and examine the characteristics of copyright violators. The analysis was carried out using primary data collected from a survey carried out in Penang, a highly urbanised state in Malaysia. A descriptive approach was used for the analysis. The findings from this study offer insights into the phenomenon of music piracy in Malaysia. The incidence of violating copyright was high, with seven out of ten persons involved in illegally using digital music. Copyright violators have distinguishing characteristics that differentiate them from non-copyright violators. The results found that awareness about intellectual property rights was rather low among violators and that they had misconceptions about music piracy. While most participants agreed that effective enforcement was critical in reducing illegal music activities, fewer perceived the risks of being caught and the high costs associated with punishment. Policies aimed at increasing awareness and understanding of intellectual property rights and the possible societal implications of copyright issues were discussed. The need to enhance copyright enforcement protection in the country is also highlighted.
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Egger, John Okley, and D. Gregory Springer. "Music Educators’ Understanding and Opinions of U.S. Copyright Law." Update: Applications of Research in Music Education 37, no. 3 (September 19, 2018): 20–27. http://dx.doi.org/10.1177/8755123318801064.
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The purpose of this study was to examine music educators’ understanding and opinions of U.S. copyright law. In-service music educators ( N = 50) completed a web-based questionnaire designed to assess their attitudes toward, knowledge of, and preparation/training for understanding copyright law. Respondents reported generally favorable attitudes toward copyright law. Results also indicated that respondents had a limited understanding of certain aspects of copyright law. These in-service music teachers reported that their undergraduate preparation did not prepare them well to understand copyright law, and the majority (64%) indicated completing zero undergraduate courses that included copyright law as a content area and few professional development sessions focused on understanding copyright law. Analysis of respondents’ answers to a free-response question indicated the following themes: (a) rationalizing unethical/illegal behaviors, (b) criticizing the status quo, and (c) expressing a desire for more information about copyright.
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Rokan, Mustika Putra. "Royalty Management Arrangements for Song and/or Music Copyright: The Needs of Indonesian Musicians." Locus: Jurnal Konsep Ilmu Hukum 1, no. 1 (December 31, 2021): 30–37. http://dx.doi.org/10.56128/jkih.v1i1.15.
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Problems often arise, namely related to the scope of legal protection to the Creator for his creation. This is something that most members of the public do not understand, especially song and/or music users. Many song users do not realize that what they are doing is a violation of Copyright, both for their economic rights or the moral rights of the Creators. On March 30, 2021, President Joko Widodo finally stipulates Government Regulation (PP) Number 56 of 2021 concerning Management of Song and/or Music Copyright Royalties, which is the mandate of Article 35 paragraph (3) of Law Number 28 of 2014 concerning Copyright. Apart from the problem of delays, the issuance of this PP on the Management of Song and Music Royalties has brought a breath of fresh air to songwriters in Indonesia. This is because the legal basis for collecting and distributing royalties is now stronger. Keywords: Copyright, Music, Royalties, Songs. Abstract Permasalahan sering muncul yaitu terkait ruang lingkup perlindungan hukum kepada Pencipta atas ciptaannya. Hal inilah yang belum bisa dimengerti oleh kebanyakan anggota masyarakat, terutama para pengguna lagu dan/atau musik. Banyak pengguna lagu yang tidak menyadari, bahwa apa yang dilakukannya merupakan sebuah pelanggaran terhadap Hak Cipta, baik atas hak ekonominya ataupun hak moral dari para Pencipta. Pada 30 Maret 2021, akhirnya Presiden Joko Widodo menetapkan Peraturan Pemerintah (PP) Nomor 56 Tahun 2021 tentang Pengelolaan Royalti Hak Cipta Lagu dan/atau Musik yang merupakan amanat Pasal 35 ayat (3) dari UU Nomor 28 Tahun 2014 tentang Hak Cipta. Di luar masalah keterlambatan, terbitnya PP Pengelolaan Royalti Lagu dan Musik ini membawa angin segar bagi para pencipta lagu di Indonesia. Sebab, kini dasar hukum pemungutan dan pembagian royalti jadi lebih kuat. Kata Kunci : Hak Cipta, Lagu, Musik, Royalti.
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Koempel, Florian. "From the gut? Questions on Artificial Intelligence and music." Queen Mary Journal of Intellectual Property 10, no. 4 (December 25, 2020): 503–13. http://dx.doi.org/10.4337/qmjip.2020.04.05.
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AI applications are manifold in the music industry, both as tools assisting composers in creating and as music generating machines. AI applications assisting composers are widely used, for example in providing drum sequences or mastering services. AI-generated music is mainly used as production music, for example in synchronizing YouTube videos. Copyright implications relate initially to the use of existing works to train the computer, and secondly to the copyright protection for AI-generated musical works or sound recordings. This article firstly looks at the copyright acts involved in the training process in the EU, UK and US as well as potentially applicable exceptions. Secondly, it addresses the copyright position of AI-generated music and in particular the legal requirement of human creativity as the basis of copyright protection for musical works. The situation for sound recordings might be different.
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Sunarto, Atika, and Bohal Sijabat. "Juridical Reviews of Users of Song Copyright Works are Associated with Government Regulation Number 56 of 2021 Regarding the Management of Song or Music Copyright Royalties." International Journal of Research and Review 9, no. 4 (May 5, 2022): 405–11. http://dx.doi.org/10.52403/ijrr.20220450.
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Intellectual property rights (IPR) are rights that arise because of the results of someone's intellectual creativity, provided that they must be in real form, creativity, so that they cannot be just ideas or concepts, which do not have certain physical dimensions. one of the areas of intellectual property rights that get protection is the copyright of the Republic of Indonesia Law No. 28 of 2014 (UUHC 2014) article 1 paragraph (1) concerning copyright is the exclusive right of the creator that arises automatically based on declarative principles after the creation is realized in a tangible form without realizing it according to the provisions legislation. Based on law regulation number 56 of 2021 regarding the management of copyright royalties for songs or music that is legalized by the president, it is necessary to explain about the rules for royalty for song copyrights in Indonesia. pay royalties to the maker. This rule is contained in Article 3 PP of song playback royalties. Songwriters can authorize LMK to manage economic rights in the form of collecting and distributing royalties. Keywords: Intellectual Property Rights (IPR), Music & Copyright.
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Heinzl, Bernhard. "Radio stream aggregator TuneIn held to infringe rightholders' copyrights." Journal of Intellectual Property Law & Practice 15, no. 2 (January 23, 2020): 84–85. http://dx.doi.org/10.1093/jiplp/jpz181.
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Abstract Warner Music UK Ltd v Tuneln Inc [2019] EWHC 2923 (Ch) The High Court of England and Wales has held that radio stream aggregator TuneIn was in some cases infringing Warner's and Sony's copyrights by providing links to online streams of radio stations. The Court considered it a test case, and the parties submitted that the decision would no less than either ‘fatally undermine copyright’ or ‘break the internet’. In the finely nuanced judgment by Birss J, the CJEU's principle that linking to unlicensed content may infringe copyright was reinforced.
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Wongso, Esther Natasia, and Annita Annita. "Producer's Role in Music Licensing For Short Movies." ULTIMART Jurnal Komunikasi Visual 7, no. 1 (November 12, 2016): 13–24. http://dx.doi.org/10.31937/ultimart.v7i1.376.
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The licensing process of copyrighted materials, especially songs and music for a film, is one of the responsibilities that a producer should fulfill, aside from other responsibilities like financing the film and managing all the needs of the cast and crew. However, the knowledge and awareness about copyright and music licensing are still very low in Indonesia. In this research, the writer will find out about the process of music licensing for a short movie. Through this research, we will look into the music licensing process for film, and national and international film festivals.
Keywords: Producer, Music Licensing, Short Movie
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Sawkins, Lionel. "Copyright issues." Early Music 33, no. 3 (August 1, 2005): 548–49. http://dx.doi.org/10.1093/em/cah144.
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Reid, Amanda, and Alex Kresovich. "Copyright as a Barrier to Music Therapy Telehealth Interventions: Qualitative Interview Study." JMIR Formative Research 5, no. 8 (August 13, 2021): e28383. http://dx.doi.org/10.2196/28383.
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Background Music therapy is a multifaceted discipline that harnesses the power of music to treat a wide range of patient populations. A therapist who plays music in a private room for a patient is not subject to copyright restrictions on public performances. However, in the wake of the COVID-19 pandemic, music therapy is no longer strictly confined to the face-to-face setting. This study explores music therapists’ perceptions of copyright law with respect to their ability to provide mediated services to their clients. Objective The objectives of our study were two-fold. The first was to investigate whether concerns about copyright law are hampering the diffusion of telehealth innovations, and the second was whether these concerns are causing music therapists to avoid therapeutically beneficial telehealth interventions. Methods Semistructured interviews were conducted with credentialed music therapists (n=18) in the United States between May 2020 and June 2020. With participants’ consent, we used video conference technology to record and transcribe the in-depth interviews. The median interview length was 45 (SD 16.37) minutes. This theoretically informed study employed thematic analysis of the interview data. Results The COVID-19 pandemic accelerated the adoption of telehealth interventions to facilitate therapy outside of private face-to-face environments: environments where music therapy practices are largely shielded from copyright infringement concerns. Five main themes emerged, including therapists’ uncertainty about permissible uses of music and therapists’ erring on the side of caution causing lost opportunities for care. Our interview data suggest music therapists have altered telehealth interventions in suboptimal ways to avoid copyright liability in a physically distanced environment. Conclusions Some music therapists “drag their feet” on offering therapeutically appropriate telehealth services to clients because of copyright concerns. Our findings suggest innovative mediated therapies were shied away from or abandoned. These findings offer a novel contribution to the public health literature by highlighting copyright law as an unexpected and unwelcome barrier to the diffusion of music therapy practices in technology-mediated settings.
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Hartati, Dwi Surya, and Nely Herlina. "UTILIZATION OF ECONOMIC RIGHTS IN MUSIC AND SONG WORKS AS A PILLAR OF CREATIVE ECONOMY." Jambe Law Journal 1, no. 1 (July 9, 2018): 115–33. http://dx.doi.org/10.22437/home.v1i1.3.
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The work of songs and music is one of several types of artistic works that is protected by the Act of Copyright. Copyright is regulated through Act No. 28 of 2014 About Copyright (Undang-Undang Hak Cipta or UUHC). Creators and Copyright holders have an exclusive right in the form of economic rights and moral rights. Economic rights can be acquired through the payment of royalty. According to the Act of Copyright, the National Collective Management Institution (Lembaga Manajemen Kolektif Nasional or LMKN) is the institution appointed to collect royalties from creators and/or holders of related rights. LMKN is a non-profit legal entity which has been given an authority by Copyright holders and/or holders of related rights to manage the economic rights in legally collecting and distributing royalties. In order to acquire their share in the royalty, each of the creators, Copyright holders, or the holders of related rights has to become a member of LMKN, and in return said LMKN got the authority to collect royalties from users of said artistic works. Royalty is a form of payment or rewards given to creators and/or Copyrights holders over the utilization of economic rights or related rights of a creation or a product. In Indonesia, there are a lot of LMKNs, in which the function is to collect royalties, including collecting exclusive rights of the holders of related rights.
The resulting performance of Collective Management Institutions (Lembaga Manajemen Kolektif or LMK) has not reached its optimum capability for both creators and holders of related rights. The resulting advice of this paper is for the government to create a strict payment system and a method which can also be accessed digitally by the creators.
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Hartati, Dwi Surya, and Nely Herlina. "UTILIZATION OF ECONOMIC RIGHTS IN MUSIC AND SONG WORKS AS A PILLAR OF CREATIVE ECONOMY." Jambe Law Journal 1, no. 1 (July 9, 2018): 115–33. http://dx.doi.org/10.22437/jlj.1.1.115-133.
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The work of songs and music is one of several types of artistic works that is protected by the Act of Copyright. Copyright is regulated through Act No. 28 of 2014 About Copyright (Undang-Undang Hak Cipta or UUHC). Creators and Copyright holders have an exclusive right in the form of economic rights and moral rights. Economic rights can be acquired through the payment of royalty. According to the Act of Copyright, the National Collective Management Institution (Lembaga Manajemen Kolektif Nasional or LMKN) is the institution appointed to collect royalties from creators and/or holders of related rights. LMKN is a non-profit legal entity which has been given an authority by Copyright holders and/or holders of related rights to manage the economic rights in legally collecting and distributing royalties. In order to acquire their share in the royalty, each of the creators, Copyright holders, or the holders of related rights has to become a member of LMKN, and in return said LMKN got the authority to collect royalties from users of said artistic works. Royalty is a form of payment or rewards given to creators and/or Copyrights holders over the utilization of economic rights or related rights of a creation or a product. In Indonesia, there are a lot of LMKNs, in which the function is to collect royalties, including collecting exclusive rights of the holders of related rights.
The resulting performance of Collective Management Institutions (Lembaga Manajemen Kolektif or LMK) has not reached its optimum capability for both creators and holders of related rights. The resulting advice of this paper is for the government to create a strict payment system and a method which can also be accessed digitally by the creators.
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Lee, Hyungmin. "Analysis of Music Copyright Transactions." Korean Society of Culture and Convergence 44, no. 2 (February 28, 2022): 635–52. http://dx.doi.org/10.33645/cnc.2022.02.44.2.635.
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Tschmuck, Peter. "COPYRIGHT, CONTRACTS AND MUSIC PRODUCTION." Information, Communication & Society 12, no. 2 (March 2009): 251–66. http://dx.doi.org/10.1080/13691180802459971.
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Rahmatian, A. "Is copyright good for music?" Journal of Intellectual Property Law & Practice 5, no. 12 (September 29, 2010): 869–73. http://dx.doi.org/10.1093/jiplp/jpq139.
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Bellido, Jose. "Forensic Technologies in Music Copyright." Social & Legal Studies 25, no. 4 (February 21, 2016): 441–59. http://dx.doi.org/10.1177/0964663916628621.
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Arnold, Richard. "Concepts of music and copyright." Journal of Intellectual Property Law & Practice 11, no. 4 (March 22, 2016): 312–14. http://dx.doi.org/10.1093/jiplp/jpw003.
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Harrower, Andy. "Copyright issues in internet music." Contemporary Music Review 24, no. 6 (December 2005): 483–88. http://dx.doi.org/10.1080/07494460500296151.
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., ShreenidhiShastry K. M. "SECURING MUSIC FOR COPYRIGHT PROTECTION." International Journal of Research in Engineering and Technology 05, no. 16 (May 25, 2016): 220–22. http://dx.doi.org/10.15623/ijret.2016.0516046.
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Dewi, Pebrianti Kumala, and Ida Ayu Sukihana. "PENGATURAN PERUBAHAN GENRE MUSIK YANG DIUNGGAH MELALUI MEDIA SOSIAL BERDASARKAN UNDANG-UNDANG HAK CIPTA." Kertha Semaya : Journal Ilmu Hukum 9, no. 1 (December 30, 2020): 121. http://dx.doi.org/10.24843/ks.2020.v09.i01.p11.
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Studi ini bertujuan untuk menganalisa pengaturan perubahan genre musik yang diunggah melalui media sosial “berdasarkan Undang-undang Nomor 28 Tahun 2014 tentang Hak Cipta” serta untuk menganalisa dan memahami sanksi bagi pelaku yang pelanggar perubahan genre musik yang diunggah melalui media sosial. Penelitian yang digunakan yaitu dengan metode penelitian hukum normatif karena “menggunakan pendekatan perundang-undangan dan pendekatan konsep.” Kesimpulannya bahwa pengaturan tentang perubahan genre atau aliran musik belum secara tegas diatur pada Undang-Undang Nomor 28 Tahun 2014 Tentang Hak Cipta hanya dijelaskan, namun kegitatan mengaransemen suatu karya musik atau lagu ini terdapat dalam Undang-Undang Nomor 28 Tahun 2014 Tentang Hak Cipta yaitu dalam penjelasan Pasal 8 dan Pasal 9 serta sanksi bagi pelanggar yang mengubah genre music dan diunggah di sosial media ialah berupa sanksi pidana dan denda yang diatur dalam ketentuan Pasal 113 ayat 3 Undang-Undang Nomor 28 tahun 2018 Tentang Hak Cipta.
This study aims to analyze the regulation of changing music genres uploaded via social media "based on Law Number 28 of 2014 concerning Copyright" and to analyze and understand the sanctions for perpetrators who violate changes in music genres uploaded via social media. The research used is the normative legal research method because it "uses a statutory approach and a conceptual approach." The conclusion is that the regulation regarding changes in musical genres or genres has not been explicitly regulated in Law Number 28 of 2014 concerning Copyright is only explained, but the activities of arranging a musical work or song are contained in Law Number 28 of 2014 concerning Copyright, namely in the explanation of Article 8 and Article 9 as well as sanctions for violators who change the music genre and uploaded on social media are in the form of criminal sanctions and fines as regulated in the provisions of Article 113 paragraph 3 of Law Number 28 of 2018 concerning Copyright.
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Karina, Salsalina Itha. "Is This Part Substantial or Is It Time to Rethink the Concept of Originality in Music?" Nagari Law Review 5, no. 2 (June 28, 2022): 184. http://dx.doi.org/10.25077/nalrev.v.5.i.2.p.184-191.2022.
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The vagueness in the concept of originality in music has been problematic, especially relating to the enforcement of copyright. There is no definite line between ideas and the expression of an idea, which is essentially the object of copyright in music. The act of using a general concept in music could be mistaken as substantial taking and even futher a copyright infringement. The purpose of this article is to give a new perspective on the concept of originality in music, specifically in determining the act of substantial taking, and to explain why it could be time to finally rethink this concept. The research shows that the concept of substantial taking, as regulated by is Copyright Act, could hardly be applied to music due to the vagueness in the concept of originality. This reflects the necessity of a standardization for originality in music, which could be achieved through dialogues between musicologists, musicians, and other relevant professionals.
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UTAMA, ARYA, TITIN TITAWATI, and ALINE FEBRYANI LOILEWEN. "PERLINDUNGAN HUKUM TERHADAP HAK CIPTA LAGU DAN MUSIK MENURUT UNDANG-UNDANG NOMOR 28 TAHUN 2004." GANEC SWARA 13, no. 1 (March 13, 2019): 78. http://dx.doi.org/10.35327/gara.v13i1.65.
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The rapid development of information technology has a positive and negative impact on the enforcement of Copyright law. The positive impact is in line with technological advances, especially the internet, so it's easy to buy original songs or music through online shopping facilities. While the negative impact is the increasing number of links downloading songs or illegal music in cyberspace, as well as the easier the piracy of voice recording works in the real world. The research method used in this study is a library research method that is normative juridical, namely research that refers to legal norms that exist in legislation, literature, expert opinions, papers, etc. In this case the copyright registration of the song and music is not an evidence if there is a copyright dispute over the song and music on the internet media, if there is prior publication carried out by one of the parties to the dispute then someone who can prove the authenticity of his creation will be the copyright holder of the disputed song or music. In Article 35 paragraph (4) the Copyright Act explains that the provisions on registration of work are not an obligation to obtain a Copyright, because Copyright protection arises automatically, (Automatic Protection) since the creation is manifested in a tangible form, without having to go through registration procedure
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Nurhayati, Siti, and Dina Andiza. "Legal Review of the Publication of Song Covers to Youtube without the Creator's Permission is Reviewed from Law No. 28 of 2014 on Copyright." International Journal of Research and Review 9, no. 3 (March 7, 2022): 48–59. http://dx.doi.org/10.52403/ijrr.20220307.
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Copyright in the field of music and songs has been supported by technological advances one of which is Youtube, with this technological advancement many things can be done by irresponsible people so that it can harm others such as making a cover version of other people's songs and uploading them to Youtube media without getting permission from copyright holders and not infrequently today many become famous and benefit more than creating songs. The collection and collection of data in this study was carried out by document study (Library Research) using skunder data that includes primary, skunder and tertiary legal materials. The results of the study stated that Copyright is an exclusive right where the song cover actor wants to cover the song and seek economic benefits, must get permission / license from the creator so as not to violate the Copyright. Even without recording, copyrighted works have received protection from the Copyright Act. But a copyrighted work would be better if it does the pencant. To cover the song must also be in accordance with certain conditions so as not to violate copyright, and uploading the video cover of the song on Youtube without the creator's permission is a form of law against copyright. Copyright infringement is caused by a factor that causes a lack of awareness of copyright infringement, cultural factors and one of them is economic factors, so many parties who make song covers without the creator's permission and upload to Youtube media benefit from the upload. Keywords: Cover Publication, Youtube, Copyright.
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Panjaitan, Hulman. "UNDANG UNDANG NOMOR 28 TAHUN 2014 TENTANG HAK CIPTA DAN PERLINDUNGAN HUKUM BAGI PENCIPTA KARYA CIPTA MUSIK DAN LAGU." to-ra 5, no. 1 (May 13, 2019): 19. http://dx.doi.org/10.33541/tora.v5i1.1193.
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Abstract
The meaning of song and music is different, but copyright literature does not seem to distinguish them. In the library of international law, the term commonly used to refer to a song or music is musical work. The Bern Convention states that one of the protected works is music compositions with or without words. There is no explicit description in the Bern Convention about what musical work really is. However, from the existing provisions it can be concluded that there are two types of music creation that are protected by copyright, namely music with words and music without words. Music with meaningful words is a song whose elements consist of melody, arrangement lyrics, and notation, while music without words is music that only consists of elements of melody, arrangement and notation.
Keywords: copyright literature; the Bern Convention; protected works.
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Gitelman, L. "Musical Copyright and the U.S. Copyright Act of 1909." Musical Quarterly 81, no. 2 (January 1, 1997): 265–90. http://dx.doi.org/10.1093/mq/81.2.265.
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Mopas, Michael, and Amelia Curran. "Translating the Sound of Music: Forensic Musicology and Visual Evidence in Music Copyright Infringement Cases." Canadian Journal of Law and Society / Revue Canadienne Droit et Société 31, no. 01 (April 2016): 25–46. http://dx.doi.org/10.1017/cls.2016.4.
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Abstract In music copyright infringement cases, forensic musicologists are often called to testify as to whether or not two songs are ‘substantially similar.’ While it is standard practice to rely on experts to dissect the works in question, this is a fairly recent phenomenon. Until the 1950s, it was not the scientific analysis of the pieces, but the impressions they left on the ‘untrained ears’ of everyday listeners that was used to determine copyright infringement. This paper presents an overview of American music copyright infringement cases to document this shift in how the question of substantial similarity has been approached. We argue that the courts’ inability to objectify what listeners hear created the need for experts who could translate music into legal evidence that could be visually witnessed. This practice of judging plagiarism according to how songs look on paper may account for why the courts have viewed musical sampling as copyright violations.
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Mezei, Péter. "From Leonardo to the Next Rembrandt – The Need for AI-Pessimism in the Age of Algorithms." UFITA 84, no. 2 (2020): 390–429. http://dx.doi.org/10.5771/2568-9185-2020-2-390.
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Artificial Intelligence (AI) has become a part of our daily life, and “algorithmic creativity” has similarly gained a spotlight recently. From paintings to music, machines generate outputs that seem to comply with various prerequisites of copyright protection. The idea (and to some degree the need) to honour such achievements by legal protection has also emerged. This article demonstrates that contrary to the view of the proponents of an AI-copyright regime, time has not ripened for AI-copyright. The core elements of copyright law - namely the concept of authorship, originality and moral rights, as well as copyright’s history and incentives - are deeply rooted in an anthropocentric (although not only author-centric) world. Unless paradigm shift in copyright law, the lack of direct human element of an AI-generated output shall lead to the unavailability of copyright protection for these outputs. The article similarly highlights why the proposed alternative forms of copyright related rights or sui generis protection are doctrinally unfounded or practically unfit to provide for a sound solution that does not destroy the existing copyright regime and diminish the value of human creations.
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Fahringer, James. "Why the Copyright Act Expressly Preempts State-Level Public Performance Rights in Pre-1972 Recordings." Michigan Technology Law Review, no. 24.2 (2018): 271. http://dx.doi.org/10.36645/mtlr.24.2.why.
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Over the past several years, two former bandmates in the 1960s rock group, The Turtles, have initiated several lawsuits against the popular music streaming services, Pandora and Sirius XM, arguing that the band owns common law copyrights in the sound recordings of its songs, and that these state-level copyrights grant the band an exclusive public performance right in its sound recordings. If accepted, this argument has the potential to significantly distort federal copyright policy because states would not be constrained by any of the balancing features of the Copyright Act, including Digital Millennium Copyright Act (DMCA) safe harbors for Internet Service Providers (ISPs), statutory licenses under 17 USC § 114, or even the limitations, such as fair use, in §§ 107 through 122. In spite of how detrimental state-by-state copyright policymaking could be to Congress’s policy choices embodied in the Copyright Act, federal courts have not applied any form of preemption that would prevent states from legislating at will in this area, because § 301(c) appears to contain a disavowal of preemption for any state law dealing with pre-1972 sound recordings. This note advances an interpretation of § 114(a) that would expressly preempt state-level public performance rights in pre-1972 sound recordings as well as an interpretation of §301(c) that would greatly narrow the scope of the disavowal of preemption, allowing federal courts to strike down state laws that severely distort federal copyright policy.
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Knighton, Tess. "Questions of copyright." Early Music 33, no. 3 (August 1, 2005): 543–44. http://dx.doi.org/10.1093/em/cah131.
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Suputra, Komang Ariadarma, Ida Ayu Putu Widiati, and Ni Made Sukaryati Karma. "Perlindungan Hukum terhadap Pencipta Musik sebagai Suara Latar di Youtube." Jurnal Interpretasi Hukum 1, no. 1 (August 20, 2020): 77–82. http://dx.doi.org/10.22225/juinhum.1.1.2220.77-82.
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The use of music as video background sound is currently rife on social media Youtube. This is inseparable from the moral and economic benefits that users get through the features offered by Youtube. Therefore, as a state of law, Indonesia should appropriately provide legal protection for Music Creators whose works are used. The purpose of this study is to analyze the legal protection of music creators as a background voice on Youtube and find out the sanctions imposed on Youtube channels that commit copyright infringement. The research method used is normative legal research with statutory and conceptual approaches. The results showed that music is the result of human expression that has an element of beauty in it. Thus, the need for legal protection is given to the Creator. Legal protection is preventive, namely the formulation of the exclusive right of a Music Creator to Article 5 and Article 9 of Law no. 28 of 2014 concerning Copyright and repressively, the Music Creator can fight for his rights that have been violated through the courts and outside the court. As for the sanctions against violations of music copyright as the background sound of videos on Youtube, namely sanctions in the form of compensation for damages that have been caused as stipulated in Article 99 of Law No. 28 of 2014 concerning Copyright. Criminal sanctions are regulated in Article 113 paragraph (4) of Law no. 28 of 2014 concerning Copyright in the form of a maximum imprisonment of 10 years and / or a maximum fine of Rp. 4,000,000,000.00
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Ni Made Harini, I Nyoman Putu Budiartha, and Desak Gde Dwi Arini. "Pelaksanaan Perlindungan Hukum bagi Pemilik Hak Cipta Musik dan Lagu dalam Pembayaran Royalti oleh Yayasan Karya Cipta Indonesia." Jurnal Interpretasi Hukum 2, no. 1 (March 26, 2021): 89–94. http://dx.doi.org/10.22225/juinhum.2.1.3111.89-94.
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Copyright gives an exclusive title to the work of the author which is granted by law as an award. The copyright function protects creators from copyright infringement. This study aims to explain the form of legal protection for music and song copyright owners in royalty payments by the Indonesian copyright works foundation and to describe what factors influence royalty payments and dispute resolution efforts faced by music and song copyright holders in royalty payments by the Karya Foundation. Indonesian copyright. This type of research is an empirical legal research with a conceptual approach to legal issues of fact and sociology. The data sources used were primary and secondary legal materials. The results of the study indicated that copyright is regulated in Law Number 28 of 2014 concerning Copyright. The form of copyright law protection, namely legal protection of moral rights and legal protection of economic rights. Creators and the KCI Foundation have rights and obligations, in the process of paying royalties experiencing several obstacles and supporters experienced by the KCI Foundation creators and copyright users. Dispute settlement efforts through alternative arbitration and court dispute resolution.
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Abdul Ghani Azmi, Ida Madieha, and Rokiah Alavi. "In search for support for the extension of copyright term under the Trans-Pacific Partnership Agreement." Journal of International Trade Law and Policy 16, no. 1 (March 20, 2017): 34–48. http://dx.doi.org/10.1108/jitlp-10-2016-0025.
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Purpose One of the binding commitments under the Trans-Pacific Partnership Agreement is the extension of the copyright term to 70 years after the death of the author. This paper reports the preliminary findings of a research on the potential impact of the extension of copyright term on the music industry in Malaysia. As Malaysia is a user and net importer of intellectual property, it is feared that extending the copyright term will likely impede incentives for the creation of new contents, increase the cost of licensing/royalties, diminish the choice and creativity of film and music industry and increase royalty payments abroad. The purpose of this study is to determine whether the commercial lifespan of copyright works is long enough. Design/methodology/approach Using a qualitative research method, in-depth interviews were carried out with key industry players between June and September 2015 to collect relevant information from the industry. The information obtained was analysed to gauge the market standing of the local music industry and how the proposed extension would bolster their financial and market power. The paper does not intend to explore the legal implications from the retrospective extension of copyright term and data on illegal use and piracy. The findings of the research will be purely drawn from the non-structured interviews and information gathered from respondents. Findings The paper concludes that there is not enough evidence to support the notion that the copyright extension will be economically advantageous to the local music industry. Research limitations/implications The feedback from the interviews, although cannot be generalised to be considered as representing the whole music industry in Malaysia, can nevertheless be taken as preliminary conclusions and an eye-opener to the quest for concrete support in the debate for the extension of the copyright term in Malaysia. The paper also does no explore the legal implications from the retrospective extension of copyright and data on illegal use and piracy. Practical implications In conclusion, more studies need to be conducted to understand the dynamics and needs of the music market in Malaysia for the extension of the copyright term to be really beneficial to them. As this study is only conducted using a qualitative research method, using open-ended and in-depth interview techniques on a small group of respondents, there may be a need to embark on empirical research with proper execution of survey instruments to a larger group of respondents. Social implications The music industry is chosen as the case study because it may develop into a potential export interest. The music industry as a small component of the larger “creative industry” has been identified as one of the new economic drivers under the Tenth Malaysia Plan. Originality/value The paper was first presented at the ATRIP Congress 2015 at Cape Town on 27th September 2015. The paper has not been published. No studies have been done on the possible implications of copyright extension term on the music industry in Malaysia before.
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Herlihy, David, and Yu Zhang. "Music industry and copyright protection in the United States and China." Global Media and China 1, no. 4 (December 2016): 390–400. http://dx.doi.org/10.1177/2059436417698061.
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From the standard economic rationale, music copyright supports the rights of authors and creators to exclude competitors and the public from accessing and copying their works to the extent necessary to provide incentive to recover the investment they made in creating those works. The necessary extent in music copyright is from the interplay of three historical drivers of copyright policy—technology (which makes things possible), the market (which gives rise to consumer demand and companies delivering goods and services to satisfy those consumers), and the law (which determines the rules of the road). Due to differences in cultural traditions and historical developments, these processes have been different for the United States and China. This “In Focus” report briefly explores intellectual property and music copyright in these two countries from an historical perspective, comments on their current state, and reflects on future directions.
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Hernawati, Elly. "Peran Lembaga Manajemen Kolektif Sebagai Bentuk Perlindungan Hukum Pencipta Lagu Dan Pemilik Hak Terkait." JURNAL YUSTIKA: MEDIA HUKUM DAN KEADILAN 22, no. 01 (September 11, 2019): 37–54. http://dx.doi.org/10.24123/yustika.v22i01.1997.
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Copyright is one of the Intellectual Property Rights components and should be paid attention to. Even more in technology era that developing, copyright protection needed to be enhanced, so that the right of creator, Copyright holder or owner of relevant rights can be protected and urge people to create. Indirectly, good and healthy business climate could be fostered. Not all people have skill to create, that is why those people who have skill to create must be protected and even awarded, hoping that people urged to create. One of the creations that protected are song and music. In creating song or music, creator involve recording producer, music director or arranger. Regarding the creation, creator holds moral and economy rights, while parties involved hold the relevant rights to it.
Collective Management Agency is an agency that help creator or relevant rights owner in managing and distributing the creation which is song or music that being commercialized. Yet the creator must be the member of the agency beforehand. Commercialization of a song or music by user can rise problem. Protection to the song or music is for the whole thing, including lyric, notation, arrangement and song title. The utilization of a song or music should be still protecting the parties that hold the copyright and the relevant right to it.