Disharmonization of Music Royalty Regulations on Commercial use Permits for Performing Rights from the Perspective of Copyright Protection

This research examines the disharmony in the regulation of music licensing in Indonesia from the perspective of copyright protection, focusing on the implications of the misalignment between national regulations and international agreements on the enforceability of licensing agreements between creators and copyright holders. The research employs a normative legal method, utilizing a statute approach and a conceptual approach. The statute approach is used to analyze the provisions in the Copyright Act and related regulations, while the conceptual approach is employed to discuss the legal concepts underlying music licensing regulations and copyright protection in both global and national contexts. The findings of this research indicate that the disharmony in music licensing regulations creates legal uncertainty, which harms the position of creators in licensing agreements. Furthermore, this misalignment also impedes the protection of the exclusive rights of creators as stipulated in international instruments such as the WIPO Copyright Treaty and the TRIPS Agreement. Therefore, this research recommends the need for regulatory harmonization, strengthening the institutional role of Collective Management Organizations (CMOs), and establishing a more transparent national licensing clause standard, in order to create legal certainty and more effectively protect the creators' copyright.