PENERAPAN ASAS VICARIOUS LIABILITY DALAM PELANGGARAN HAK CIPTA KARYA MUSIK TERHADAP PRODUK ARTIFICIAL INTELLIGENCE

Irma Karismawati, NIM.: 21103040098 (2025) PENERAPAN ASAS VICARIOUS LIABILITY DALAM PELANGGARAN HAK CIPTA KARYA MUSIK TERHADAP PRODUK ARTIFICIAL INTELLIGENCE. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

This research is motivated by the growing number of copyright infringement disputes involving Artificial Intelligence (AI) platforms in the global context. Although no similar cases have occurred in Indonesia to date, the absence of regulation concerning the legal status of AI entities and the lack of standardized parameters regarding copyright violations—particularly in music plagiarism—highlight the urgency for further legal study. The central issue of this research concerns how Indonesian positive law regulates music copyrights involving AI-generated works, as well as the relevance and feasibility of applying the principle of vicarious liability within Indonesia’s legal framework for copyright infringement committed by or through AI products in the music field. This study employs a normative juridical method and a descriptive-analytical approach to examine copyright protection for AI-generated musical works in Indonesia. The data used include primary sources such as statutory regulations and secondary sources such as books, journals, articles, and other relevant documents. The research incorporates several legal approaches, including statute approach, case approach, historical approach, and comparative approach, to provide a comprehensive analysis of the potential application of vicarious liability in AI-related copyright infringements. Data collection was conducted through library research, while data analysis was carried out qualitatively using descriptive-analytical methods and deductive reasoning, aiming to provide a systematic and in-depth perspective on the legal issues being studied. The research findings indicate that Indonesia has yet to establish a lex specialis regulating the legal status of AI or defining clear parameters for copyright infringement in musical works, including the absence of explicit criteria for applying the principle of substantial similarity, which is essential in determining whether a work constitutes copyright infringement. The concept of vicarious liability should be considered for explicit adoption within Indonesia’s civil legal system, particularly in the context of disputes involving digital technology. Parties who control, operate, or profit from the use of AI systems ought to be held legally accountable for infringements committed by such systems.

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