TINJAUAN YURIDIS LAGU YANG DI MASHUP DAN DIUNGGAH DALAM MEDIA SOSIAL TIKTOK BERDASARKAN UNDANG-UNDANG HAK CIPTA

Mashup is a combination of two or three existing songs to create a new musical work. This study aims to determine and analyze the arrangement of song mashups uploaded back on TikTok according to Law No. 28 of 2014 concerning Copyright, as well as to determine and analyze the provisions that should be in Law No. 28 of 2014 concerning Copyright regulating song mashups. The type of research used is normative juridical research, with a statutory approach through Law Number 28 of 2014 concerning Copyright. The results of this study indicate that: First, the use of unauthorized mashups violates the economic rights and moral rights of the original creator, especially in terms of distribution, duplication and alteration of works without consent. Second, the Copyright Law has not specifically regulated mashup songs as legitimate derivative works, resulting in legal uncertainty and potentially harming songwriters. Third, the concept of fair use in the context of mashups must be clarified to distinguish between legitimate use and copyright infringement.
For this reason, there is a need to revise the Copyright Act by adding regulations governing mashups as derivative works with clear license provisions and copyright protection so that there is legal certainty for songwriters. Adopt the concept of fair use that can be applied and a compulsory license system for derivative works so as not to violate the moral rights and economic rights of songwriters. The derivative work still pays attention to the purpose of use, significant transformation, and does not harm the original copyright owner.