COVER LAGU DALAM TINJAUAN HUKUM POSITIF DAN HUKUM ISLAM

RESTU MUKTI AFYANI, NIM. 14380071 (2018) COVER LAGU DALAM TINJAUAN HUKUM POSITIF DAN HUKUM ISLAM. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The Copyright Act continues to change as science and technology develop. Songs and music is a unified piece of work that is protected by the law which is now widely abused by the community one of them with the activities of singing the song / cover song. Thus, the authors examine this problem because of a lack of public understanding of the law and the Copyright Act. In this research, writer use library research (literature research), is analytical descriptive by using deductive thinking framework.The approach used is juridical-normative with the aim of ensuring how the song covers the review of Islamic law. Primary data from this research are Law Number 28 Year 2014 on Copyright, books, scientific papers, journals, related articles, internet and others. And reinforced by secondary data by conducting interviews. Based on the author's analysis, cover song is a violation of copyright if the economic rights and moral rights of the Creator / Singer are not fulfilled. Copyright infringement related to the cover of the song there are civil sanctions in the form of compensation and criminal sanctions in the form of fines and imprisonment. Meanwhile, cover song according to syariat is a theft based on analogy with qiyas method, so the punishment for cover of the song is by ta'zir (prison and compensation) because it does not meet the requirement had (cut off hand). So, in order not to infringe copyright, then if singing the song / cover of the song with commercial purpose must ask permission of the corresponding Creator / Rightsholder and the name of the Creator / Singer.

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