TANGGUNG JAWAB HUKUM PERUSAHAAN TELEPON GENGGAM VIVO ATAS PLAGIARISME LAGU DREAM GIRL UNTUK KEPENTINGAN KOMERSIAL

Abstract

Copyright piracy is rampant on social media, such as the use of copyrighted t-shirt designs and music without permission, for instant profit without respecting the creative process. The product of human work is an acknowledgment of humans themselves as creatures who create because of their intellect. Lato Number 28 of 2014 concerning Copyright (UUHC) is present as a legal instrument to protect copyrighted works from acts of recognition and piracy. For its protection, Indonesia participates in international community relations by becoming a member of the Agreement Establishing the World Trade Organization, which also includes the Agreement on Trade Related Aspects of Intellectual Property Rights, hereinafter referred to as TRIPs, through Law Number 7 of 1994. In addition, Indonesia has also ratified the Bernee Convention for the Protection of Artistic and Literary Works through Presidential Decree Number 18 of 1997 and the World Intellectual Property Organization Copyrights Treaty, bereinafter referred to as WCT, through Presidential Decree Number 19 of 1997. However, this protection has not been effective in preventing piracy. This study focuses on the case of the use of unauthorized songs by the Vivo mobile phone company in the Vivo V20 product advertisement in September 2020. The song in the advertisement bas significant similarities to Anna of the North's work entitled Dream Girl, which was released in September 2019. This case shows the weak compliance with copyright in Indonesia even though regulations are available. This study uses a normative legal method with a legislative and conceptual approach to analyze copyright protection in the Copyright Law and related international instruments. The results of the study show that weak implementation and enforcement are still major challenges in preventing piracy practices. Resolving similar cases requires stricter law enforcement and increasing collective awareness to respect copyright.