Legal Liability of Digital Platforms for The Use of Copyrighted Song Works in Content Creation

The inability of the Copyright Law to face the times with the presence of digital service technology has led to the application of the safe harbor principle that provides exemption from liability to digital platforms when there is use of copyrighted works of songs in content creation by digital platform users. With the Constitutional Court Decision Number: 84/PUU-XXI/2023 which expands the definition of trading place” and ‘goods’ in the provisions of Article 10 of the Copyright Law then brings new circumstances related to legal liability to UGC-based digital platforms for the use of copyrighted works of songs in their content. This legal research aims to analyze the legal responsibility of the manager of a digital platform based on user generated content against the use of copyrighted works of songs without permission in content creation after the Constitutional Court Decision Number.84/PUU-XXI/2023. The legal research method used in writing this thesis is to use normative juridical research methods, with a statutory approach, case approach, and conceptual approach. The nature of this legal research is prescriptive analytic by using three theories as a reference, namely the theory of justice, the theory of reward and the theory of legal responsibility. The results showed that with the expansion of the definition of “trading place” and “goods” in the provisions of Article 10 of the Copyright Act can provide absolute legal liability to the manager of the UGC-based platform on the condition that there is no good faith in running the system of prevention of copyright infringement on Digital Platforms owned and the commercial benefits obtained against copyrighted works of songs in the content stored in the digital platform.