PERLINDUNGAN HUKUM ATAS PENGGUNAAN HASIL FOTO DARI FOTOGRAFER SEBAGAI MEDIA PROMOSI DI MEDIA SOSIAL INSTAGRAM
Abstract
Copyright is part of a set of rights which is called Intellectual Property Rights.
Intellectual Property Rights is covering an area of law that concerns the rights of jurisdiction
over the works or creations if the results of human thought interlocked with interests are
economic and moral. This study aims to determine the legal protection of the use of the results of
the photo of a photographer where the results of the photos from photographers such as social
media, namely Instagram, based on Law Number 28 of 2014 On Copyright and also remedies
that can be done by photographers as the victim for the use of the photos as a media promotion
social media Instagram.
This type of research is classified into legal research methods sociological because the
purpose of this study was to see the level of synchronization of the law based on copyright law
Number 28 of 2014 on Copyright, as well as the laws and regulations related to the reality of life
in the community. The source of the data used is primary data, secondary data, and tertiary data
by performing data collection techniques interviews, literature review, and data analysis.
The results of this study two main things can be concluded First, the Implementation of
the protection of the rights of the copyright photos in Pelalawan not run as outlined in the
copyright law. It can be known from the persistence of violations related to copyright, violation
of this even be done by the government, where they should participate in implementing the
protection of copyright, what's copyright a work that comes from their area. Second, Efforts can
be taken by the copyright holders of the photo against the violation of use of the photos is to use
two ways, namely in litigation or through the Commercial Court and non-litigation such as
mediation, conciliation, negotiation, and conciliation.
Keywords: Legal Protection – Copyright– Social Media
Intellectual Property Rights is covering an area of law that concerns the rights of jurisdiction
over the works or creations if the results of human thought interlocked with interests are
economic and moral. This study aims to determine the legal protection of the use of the results of
the photo of a photographer where the results of the photos from photographers such as social
media, namely Instagram, based on Law Number 28 of 2014 On Copyright and also remedies
that can be done by photographers as the victim for the use of the photos as a media promotion
social media Instagram.
This type of research is classified into legal research methods sociological because the
purpose of this study was to see the level of synchronization of the law based on copyright law
Number 28 of 2014 on Copyright, as well as the laws and regulations related to the reality of life
in the community. The source of the data used is primary data, secondary data, and tertiary data
by performing data collection techniques interviews, literature review, and data analysis.
The results of this study two main things can be concluded First, the Implementation of
the protection of the rights of the copyright photos in Pelalawan not run as outlined in the
copyright law. It can be known from the persistence of violations related to copyright, violation
of this even be done by the government, where they should participate in implementing the
protection of copyright, what's copyright a work that comes from their area. Second, Efforts can
be taken by the copyright holders of the photo against the violation of use of the photos is to use
two ways, namely in litigation or through the Commercial Court and non-litigation such as
mediation, conciliation, negotiation, and conciliation.
Keywords: Legal Protection – Copyright– Social Media
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