KAJIAN YURIDIS TERHADAP PLAGIARISME KARYA CIPTA DI BIDANG SENI MUSIK DALAM KONSEP PRINSIP ORISINALITAS BERDASARKAN 1994 (STUDI KASUS LAGU PHOTOGRAPH-ED SEERAN)

Abstract

The TRIPs Agreement is an agreement relating to IPR that applies to all WTO members. In the implementation of IPR there are copyrights regulated in TRIPs. One part of IPR is copyright, regarding copyright protection is regulated in Law Number 28 of 2014 concerning Copyright. Even though the arrangements are clear, violations still often occur. Problem formulation:1. How does plagiarism of creative works in the field of music relate to the concept of the principle of originality based on TRIPs 1994? 2. How is the principle of originality of a musical work implemented in Indonesia? This type of research is normative legal research with secondary data sources and data collection techniques using document studies and data analyzed qualitatively. Research results: 1. Copyright regulations in TRIPS (Trade-Related Aspects of Intellectual Property Rights) can be found in part II of the TRIPs Agreement, namely in Articles 9 to Article 21, violations of musical art copyright can include without permission, reproduction, distribution , or processing of musical works without the consent of the copyright holder. 2. Implementation of the principle of originality of a musical work of art in Indonesia is also regulated in TRIPs, TRIPs includes copyright provisions that apply at the international level. The principle of originality in the context of musical works of art is implemented in TRIPs through copyright requirements, which require works to be original in order to receive protection. Even though there are existing regulations, many people still violate the principles of originality in creating creative works, especially in the arts of music.