PERBANDINGAN SISTEM HUKUM FAIR USE DALAM PENGGUNAAN LAGU ATAU MUSIK SEBAGAI ALAT BANTU PENYEMBUHAN DI INDONESIA DAN AMERIKA SERIKAT

Songs or music are highly beneficial for human life. Not only for mere entertainment, but songs or music can also be used as a healing aid. One of the methods employed is therapy using songs or music. When utilizing music and songs, therapists in Indonesia need to understand and comply with copyright regulations. This is because music and songs are creative works protected by the Copyright Law. Songs or music involve moral rights and economic rights that must be considered. However, on one hand, the use of songs or music as a healing aid needs to be considered based on the concept of fair use. This research also compares the legal systems in Indonesia with the United States. This study is a review of copyright regulations on musical and song compositions in Indonesia in relation to music therapy practice. The research utilizes a normative legal method by examining the copyright law and related literature. Findings indicate that the use of music and songs in therapy needs to be considered within the limitations of fair use of creative works, even if there is a commercial element. However, on the other hand, therapists must also understand the copyright regulations regarding music and songs and their usage, which contain both moral and economic rights. There is a need to conduct a socialization program on copyright regulations for music and songs for all therapists in Indonesia, involving relevant associations and/or organizations.