SITTI NABILA, COPYRIGHT INFRINGEMENT IN YOUTUBE UNDER INDONESIAN AND MALAYSIAN LAWS: THE CASES OF AISYAH ISTRI RASULULLAH AND KARNA SU SAYANG
Faculty of Law Syiah Kuala University
Dr. Sanusi, S.H., M.L.I.S, LLM.
One of the technological advancements of globalization is the Internet, in this case, YouTube. The high level of public access to YouTube has brought both positive and negative sides. This happens because everyone can upload videos to YouTube for free, including song videos owned by songwriters. Nowadays, many people use song videos with lyrics or cover versions of songs uploaded by YouTube users for commercial purposes without commercial songwriters' permission.
The purpose of this research are to describe the prescription problems in the case of Aisyah Istri Rasulullah song constitute infringement under Article 5 and 9 Indonesian Copyright Law; the Karna Su Sayang song constitute infringement under section Section 13 and 36 Malaysian Copyright Law; the dispute settlement mechanism of Aisyah Istri Rasulullah song which was claimed by an Indonesian; and the dispute settlement mechanism of Karna Su Sayang song which was claimed by a Malaysian.
The research in the form of normative legal research. This method will describe and analyze the application Indonesia Copyright Law Number 28 of 2014 regarding Copyright and Malaysia Copyright Law Act 332 1987.
The results showed that in the case of Aisyah Istri Rasulullah song violated Article 9 and Articles 43 to 51 of Indonesia Copyright Law No. 28 of 2014. The case of Karna Su Sayang song violated Article 36 and Article 13 of the Malaysia Copyright Law. According to Article 95 of the Indonesian Copyright Law, creators or copyright holders provide independent dispute resolution through arbitration, alternative dispute resolution and Commercial courts. The project band can claim compensation. Syakir Daulay purchased the license for Aisyah Istri Rasulullah song and apologized for it. In case of Karna Su Sayang song by Immanuel Andra, Ismail Abinting apologized and withdrew Karna Su Sayang song from YouTube. For the Dispute Settlement under Karna Su Sayang song case Ismail Abinting do apologize and revoke the Official Music Video from his Youtube account.
Keywords: Aisyah Istri Rasulullah, Cover Version, Intellectual Property Right, Karna Su Sayang. YouTube.