By: Angga Priancha
Even with notes, this is different from previous decades where audiences were generally not allowed to record performances. The reasons can vary, either from ownership copyright or for security and censorship of things that might happen on stage. However, this is slowly changing and making concert recording commonplace.
This change may be driven by people's habits in using social media. The use of social media to share information and personal experiences on their networks makes social media a strategic place to promote something.
Of course, concert recordings circulating on social media networks will be a surefire way to promote something. The implication can increase ticket sales or exposure for promoters and artists for subsequent concerts.
However, what are the legal implications copyright of recording music concerts? Do concert audiences get copyright from the videos they record?
Theoretically, recording is an act of fixing a performance and ultimately creating a creation. When a performance is fixed, and has elements of originality from the individual who recorded it, then the creation has essentially met the requirements for copyright protection.
This means that concertgoers who record videos will have copyright to the concert recordings they own. This is because the recordings from concerts, which are generally recorded via smartphones, will be digitally fixed (meeting the fixation requirement). Then, the creative choices of the recorder, be it the angle, perspective or recording technique of the recorder, will provide a touch of originality, thus fulfilling the second requirement of copyright protection.
By having copyright over the recording, the recorder will become the creator who will have economic rights and moral rights over the creation he has made.
However, the copyright obtained does not automatically allow the creator to use his copyright without considering rights outside of himself.
In the context of concert recordings, the artists performing these shows also possess rights as performers. According to copyright law, performers have rights over the fixation of their performances (Article 23 (2) of the Copyright Law). These rights of performers are part of related rights within the copyright legal regime.
Having rights over the fixation of their performances means that performers also have rights over all recordings of their performances, whether in the form of sound, images, or a combination of both.
In addition to having rights over the fixation in their recordings, which are included in the economic rights of performers, performers also have moral rights under copyright law. Based on Article 22 of the Copyright Law, performers also have the right to have their names included or not included in the fixation of their performances. Furthermore, performers have the right to prohibit people from making changes to their performance recordings that are detrimental to their honor or reputation unless otherwise agreed.
Video recording in concerts by the audience is certainly an activity of creating a work. The audience recording is essentially creating a copyrighted work in audiovisual form. However, the audience's creation is also bound by the rights of others, namely the performers and also the creators.
It must also be emphasized that the songs performed by the performers are creations in the form of music and songs that are actually owned by the creators. Which means that when the audience records a concert, they are essentially recording the performance of the performers and also recording a song that is owned by the creator.
Therefore, recordings made by concert audiences cannot be enjoyed and treated arbitrarily by the recorder. This is because the recording contains the creator's rights to the song being sung, and also the performer's rights to the fixation/recording of the performance that the artist performs.
*This article represents the opinion the author's personal and does not represent the views of the Literasi Hukum editorial team of Indonesia.
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