Examining the Copyright of the Song in Law

Oct 13, 2025 by leolavanderia.com.br 129 views

Legal Protection for Song Creators from Plagiarism: Diving Law No. 28 of 2014

Music, a manifestation of human creativity that is able to arouse emotions and inspire, becomes a work of art that is vulnerable to copyright violations, especially plagiarism. In Indonesia, Law No. 28 of 2014 concerning Copyright to become a legal umbrella that protects the rights of songwriters from plagiarism. This article will discuss in depth about how the law regulates protection for songwriters, plagiarism criteria, and legal mechanisms available for rights enforcement.

Examining the Copyright of the Song in Law

Law No. 28 of 2014 confirms that the copyright of the song copyright is an exclusive right for its creator. This right includes economic rights and moral rights. Economic Rights give the songwriter the authority to use the work of his creation commercially, such as selling, duplicating, or playing the song. Moral rights, on the other hand, guarantee songwriters are recognized as the original owner of the work and have the right to prevent distortion or changes that harm their image.

Economic rights are essential for songwriters as they provide the financial benefits of their creative work. By granting the songwriter the authority to use the work commercially, economic rights enable them to earn income from their creations. This is particularly important for songwriters who rely on their music as a source of income.

Moral rights, however, are equally important as they protect the songwriter's reputation and integrity. By guaranteeing the songwriter's recognition as the original owner of the work, moral rights prevent others from claiming ownership or distorting the work in a way that harms the songwriter's image.

Recognize the Criteria of Plagiarism Songs

Plagiarism in music, especially songs, occurs when someone copies part or all elements of the song without permission from the original creator. The elements in question can be in the form of lyrics, melodies, arrangements, or a combination of the three elements. Plagiarism actions can be done in various ways, such as:

*Copying the lyrics as a whole or most without giving an attribution to the original creator. *Duplicating songs by changing some small parts to avoid detection as plagiarism. *Using melodies, arrangements, or identical chords with original songs without permission.

Plagiarism can take many forms, and it is essential to recognize the different types of plagiarism to effectively prevent and address it. By understanding the various ways in which plagiarism can occur, songwriters and creators can take proactive steps to protect their work.

Legal Protection Mechanism for Songwriters

Law No. 28 of 2014 provides several forms of legal protection for songwriters who experience plagiarism, including:

*Criminal law enforcement: The songwriter can sue the perpetrators of plagiarism in a criminal manner with the threat of imprisonment and fines. *Civil lawsuit: Song creators can file a civil suit to get compensation for the material and immaterial losses they experienced. *Withdrawal of works: Songwriters can ask those who do plagiarism to withdraw the plagiarism of the circulation. *The prohibition on the use of works: The songwriter can submit an application to the court to prohibit certain parties using his work.

The legal protection mechanism provided by Law No. 28 of 2014 offers songwriters a range of options to address plagiarism. By providing both criminal and civil remedies, the law ensures that songwriters can seek justice and compensation for their losses.

Steps to Prevent Plagiarism

Prevention of plagiarism is the main key in protecting song copyright. Some steps that can be taken by the songwriter to minimize the risk of plagiarism:

*Registering copyright work: Registration of copyright work at the Directorate General of Intellectual Property (DJKI) provides authentic evidence of ownership of song copyright. *Include attribution: Provide clear information about the identity of the songwriter in each publication or use of the song. *Monitoring: Monitoring the use of songs actively to detect the potential of plagiarism.

Preventing plagiarism requires a proactive approach. By registering their work, including attribution, and monitoring the use of their songs, songwriters can minimize the risk of plagiarism and protect their creative work.

Importance of Copyright Awareness

Legal protection for songwriters is only effective if accompanied by public awareness of the importance of respecting copyright. Education and socialization about copyright need to be improved so that people understand the legal consequences of plagiarism actions.

Copyright awareness is essential for creating a culture of respect for intellectual property rights. By educating the public about the importance of copyright and the consequences of plagiarism, we can create a society that values creativity and respects the rights of creators.

Conclusion

Law No. 28 of 2014 concerning Copyright provides strong protection for songwriters from copyright violations, especially plagiarism. However, this legal protection will be more effective if accompanied by public awareness and efforts to prevent proactive plagiarism. Thus, songwriters can feel safe and protected in work, so that it continues to give birth to musical works that inspire and entertain.

In conclusion, Law No. 28 of 2014 provides a comprehensive framework for protecting songwriters from plagiarism. By understanding the law, recognizing the criteria of plagiarism, and taking steps to prevent plagiarism, songwriters can effectively protect their creative work. Additionally, public awareness and education about copyright are essential for creating a culture of respect for intellectual property rights.
Frequently Asked Questions (FAQs) about Legal Protection for Songwriters against Plagiarism

As a songwriter, you may have questions about how to protect your work from plagiarism and what to do if you suspect someone has copied your song. Here are some frequently asked questions (FAQs) about legal protection for songwriters against plagiarism:

Q: What is plagiarism in music?

A: Plagiarism in music occurs when someone copies part or all elements of a song without permission from the original creator. This can include copying lyrics, melodies, arrangements, or a combination of these elements.

Q: How can I protect my song from plagiarism?

A: To protect your song from plagiarism, you can register your copyright work at the Directorate General of Intellectual Property (DJKI), include attribution in each publication or use of the song, and monitor the use of your songs actively to detect potential plagiarism.

Q: What are the consequences of plagiarism?

A: The consequences of plagiarism can be severe, including financial losses, damage to reputation, and even imprisonment. Under Law No. 28 of 2014, perpetrators of plagiarism can face criminal charges and fines.

Q: How can I prove that someone has plagiarized my song?

A: To prove plagiarism, you will need to provide evidence that the accused person has copied your song without permission. This can include documentation of the original song, evidence of the accused person's use of the song, and expert testimony.

Q: Can I sue someone for plagiarism?

A: Yes, you can sue someone for plagiarism. Under Law No. 28 of 2014, you can file a civil lawsuit to seek compensation for material and immaterial losses.

Q: How long does it take to resolve a plagiarism case?

A: The length of time it takes to resolve a plagiarism case can vary depending on the complexity of the case and the court's schedule. However, under Law No. 28 of 2014, the court is required to make a decision within a reasonable time frame.

Q: Can I prevent plagiarism by using a watermark or other identifier?

A: Yes, using a watermark or other identifier can help prevent plagiarism by making it easier to identify the original creator of the song. However, this is not a substitute for registering your copyright work and taking other steps to protect your song.

Q: What if I suspect someone has plagiarized my song, but I don't have any evidence?

A: If you suspect someone has plagiarized your song but don't have any evidence, you can still take steps to protect your song. This can include registering your copyright work, monitoring the use of your songs, and seeking the advice of a lawyer.

Q: Can I use a plagiarism detection service to help me identify potential plagiarism?

A: Yes, you can use a plagiarism detection service to help you identify potential plagiarism. These services can analyze your song and compare it to other songs to identify any similarities or matches.

Q: How can I educate others about the importance of respecting copyright and preventing plagiarism?

A: You can educate others about the importance of respecting copyright and preventing plagiarism by sharing your knowledge and experience with others, speaking at events or conferences, and writing articles or blog posts about the topic.

Q: What resources are available to help me protect my song from plagiarism?

A: There are several resources available to help you protect your song from plagiarism, including the Directorate General of Intellectual Property (DJKI), the Indonesian Music Association (AMI), and the Indonesian Copyright Association (ICA). You can also seek the advice of a lawyer or other expert in the field.

By understanding these FAQs, you can better protect your song from plagiarism and ensure that your creative work is respected and valued.