PRINCIPLES OF FAIR USE REGARDING COVER VERSIONS OF SONG IN A COPYRIGHT PROTECTION PERSPECTIVE (Comparison Between Indonesian and United States Copyright Laws)

Abstract

The Fair Use principle is a form of
restriction that allows other parties
to use a work without asking
permission from the author within
certain limits. Law Number 28 of 2014 concerning
Copyright also applies the principle
of fair use with various limitations
and categories. If it is related to
the act of covering a song, then this
principle can be used as long as it
meets the elements contained in the
Copyright Law. However, this
phenomenon must be seen on a case
by case basis according to the
category and needs and objectives
of the cover version action.
Existing laws and regulations do not
yet cover this matter, so it still
raises the question of whether this
action is a copyright violation or
not. This writing also makes a comparison with what happened in the United States based on the 1976 US Copyright Act, as well as looking at the similarities and differences with the Copyright Act. At the end of the writing, the author concludes that the act of covering a song as long as it does not fulfill the elements contained in Article 44 of the Copyright Law is a violation of Copyright and cannot be said to be an application of the principle of fair use.