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Pengelolaan Royalti Dari Pencipta Lagu Yang Tidak Terdaftar Di Lembaga Manajemen Kolektif Oleh Lembaga Manajemen Kolektif Nasional, Mohamad Thaufiq Rachman Dec 2022

Pengelolaan Royalti Dari Pencipta Lagu Yang Tidak Terdaftar Di Lembaga Manajemen Kolektif Oleh Lembaga Manajemen Kolektif Nasional, Mohamad Thaufiq Rachman

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Royalty is a reward received by the author or owner of the related right concerning the utilization of their Economic Rights following Article 1 point 21 of Law No. 28, 2014 regarding Copyright ("UUHC 2014"). Royalty could also be interpreted as a form of appreciation for the Author's Works, such as song and/or music. Encouraging the spirit of industry players, including songwriters, is essential for continuous growth. As mentioned in the general explanation section of UUHC 2014, Copyright is the most important basis of the national creative economy. With the fulfillment of the protection and development of this creative economy, …


Perlindungan Hak Cipta Terhadap Penggandaan Permainan Video (Copyright Protection Against Video Game Copying), Ahmad Fajri Wibowo Dec 2022

Perlindungan Hak Cipta Terhadap Penggandaan Permainan Video (Copyright Protection Against Video Game Copying), Ahmad Fajri Wibowo

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Copyright protection provides legal protection to creative industries. One of the creative industries that need to be protected is the video game industry. The development of video games in Indonesia is very fast, therefore legal protection is needed to maintain the development of the video game industry. Basically a video game is an object of creation contained in Law Number 28 of 2014 concerning copyright. In the development of the video game industry, there are problems that occur such as the number of illegal copies of video games. Thus, copyright protection plays a very important role in maintaining the video …


Perlindungan Hukum Atas Ulos Sebagai Ekspresi Budaya Tradisional, Yoshua Ruselvelt P Sidabutar Dec 2022

Perlindungan Hukum Atas Ulos Sebagai Ekspresi Budaya Tradisional, Yoshua Ruselvelt P Sidabutar

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Traditional cultural expressions are a way of life for the Indonesian nation that teaches traditions, wisdom, values, communal knowledge packaged and passed on to posterity through tales, legends, arts and ceremonies which gradually form the social norms and way of life of the Indonesian nation. Indonesia is a country that consists of various tribes and cultures so that it has priceless Traditional Cultural Expressions and really needs to be protected. One form of traditional cultural expression in Indonesia is ulos cloth, which is a fabric product that is known internationally. This research uses juridical-normative legal research, where in collecting writing …


Perlindungan Hak Cipta Atas Konten Webinar Serta Akibat Hukum Merekam Dan Menggungah Konten Webinar Tanpa Persetujuan, Nabila Nabila Dec 2022

Perlindungan Hak Cipta Atas Konten Webinar Serta Akibat Hukum Merekam Dan Menggungah Konten Webinar Tanpa Persetujuan, Nabila Nabila

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The Covid-19 pandemic period has changed the pattern of daily activities from normal to new normal. For example, seminars, which are usually, conducted face-to-face, change to online or what are known as webinars. The legal aspect that is closely related to webinars is the legal aspect of copyright. Organizing online seminars is considered easier because neither the participants nor the speakers need to leave the house to continue carrying out the seminar. Supported by technological developments, this webinar can also be recorded so that participants who are late for the webinar can still know the material presented through the recorded …


Perlindungan Hukum Terhadap Bentuk Fiksasi Dalam Karya Musik Berdasarkan Perkembangan Undang-Undang Hak Cipta, Boy Brian E.S Dec 2022

Perlindungan Hukum Terhadap Bentuk Fiksasi Dalam Karya Musik Berdasarkan Perkembangan Undang-Undang Hak Cipta, Boy Brian E.S

"Dharmasisya” Jurnal Program Magister Hukum FHUI

This journal aims to discuss the protection of copyright law against tapes converted into the form of a sound recording or a tool shaped CD (Compact Disc), in addition it is to discuss how enforcement against violations fixation in a piece of music that is poured into a recording tool so that it can be enjoyed through the CD. This journal will discuss about the forms of piracy which often occur in the field of copyright songs and music. In this journal will be discussed also about violations in the field of copyright songs or music that will be penalized …


How Sample Clearance Has Affected Hip-Hop Music-Making, Bryan J. Brewster Dec 2022

How Sample Clearance Has Affected Hip-Hop Music-Making, Bryan J. Brewster

Capstone Projects and Master's Theses

This paper will explain how sample clearance has impacted hip-hop music-making. It will explain what a sample is and show the historical significance of sampling in hip-hop. I will briefly discuss the basics of copyright and the process of clearing a sample. This paper will also look into legal cases of copyright infringement to show the impact of specific cases and analyze data to determine if the amount of sample clearance has changed because of the decisions of the courts. The main goal of this paper is to highlight the significance of sampling in hip-hop, the inherent challenges of legally …


Must American Artists Starve? Jan 2022

Must American Artists Starve?

Florida A & M University Law Review

This legal essay proposes a solution to the problem of artist and publisher compensation as deprived by MMA and discusses the realities and limitations of pursuing a Takings Clause violation under the Fifth Amendment. It further proposes a modern perspective on copyrighted works as property to lay the intellectual foundation for copyright reform and offers that the “best efforts” standard should replace the “commercially reasonable efforts” standard since modernizing copyright law is essential to the music industry. Lastly, the author suggests a practical approach to pursuing a Due Process claim under the Fifth Amendment.