CD Skripsi
Perbandingan Hukum Hak Cipta Tentang Perlindungan Hak Pencipta Atas Performing Right Menurut Peraturan Perundang-Undangan Indonesia Dan Kanada
ABSTRACT
Clarity of the meaning of intellectual property encourages the
understanding and awareness of creators to register their rights. One of the
intellectual works that entered the intellectual property regime and specifically
the copyright regime is the creation of songs and music. The creation of a play,
music or alloy both have the right to perform their creations in public including
by any means and process the communication of the performance (the right of
public performance). Performing rights are still a complicated issue in the
Indonesian music industry. Copyright became a key component of various free
trade agreements that began to incorporate KI, starting with the Canada-United
States Free Trade Agreement (CUSFTA). Canada has a unique and proud record
of creatively combining the British common law approach with the French civil
law's approach to copyright. One of the countries that detailed regulating
performing rights is Canada. This study aims to (1) determine the creator's rights
to performing rights protected in the Instrument of international law on
copyright(2) know the provisions of performing rights in the instruments of
international law on copyright implemented by Indonesia and Canada(3) know of
the provisions stipulated in the performing rights arrangements in Canada that
may be adopted into copyright laws and regulations in Indonesia.
This type of research can be classified in normative research types, where
the law is reviewed with the approach of existing laws and regulations, concepts,
and other legal materials. This study uses a comparison method. Comparative law
research is a study conducted by researchers by comparing the laws of a country
with the laws of one or more other countries on the same matter. Data analysis
used by researchers is qualitative analysis, namely, analysis of the data by not
using numbers and statistical formulas.
From the results of the research, there are three main points that can be
concluded. First, the creator's right to performing rights protected in the
instrument of international law on copyright is contained in several international
treaties. Second, the provisions of performing rights in international law have
been implemented by the country of Indonesia and Canada. Between Indonesian
and Canadian laws, there are some similarities and differences. Third, copyright
laws in Canada are mainly related to performing rights that can be adopted into
copyright laws in Indonesia, such as several definition clauses in article 2, then
Part I Copyright and Moral Rights in Copyright article 3, then Part II Copyright
in Performing Performances, Sound Recordings and Communication Signals,
along, article 28 moral rights infrigment to preserve the intended meaning of the
copyrighted work.
Keywords: Creator's Rights – Comparison of laws – Performing Rights
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