Legal Analysis Regarding the Protection of the Original Work of Music Towards Music Cover That is Posted on Youtube

Abstract

Intellectual property right is classified universally as a right that falls into the notion of human rights, where the state is obliged to ensure the fulfillment of such right. One of the major intellectual property rights that is commonly utilized in this modern day is copyright. Due to the advancement of technology that leans towards a digital society, many people have obtained economic benefit from copyright as a new source of income. Yet, technological advancement needs to be assisted with dynamic legal provisions that promote continuous refinement, in which Indonesian Copyright Law fails to do so. In the context of protecting the original work of music towards music covers that is posted on Youtube, there are still many cover artists that enjoyed the economic right of the creator without any form of valid permission. Additionally, YouTube’s policy on resolving such issues is limited only to the extent if there is a valid request from the creator. Departing from such fact and issue, this paper will display a comprehensive discussion on the legal protection that given by the Indonesian Copyright Law and Youtube’s policy as well as effort to create a more thorough and certain legal protection is needed as a solution, which can be realized through registering the copyright work and obligating the creator to make a thorough legal agreement in regards to the utilization of economic rights by other parties.