TINJAUAN HUKUM PELANGGARAN HAK CIPTA TERHADAP TAYANGAN SEPAKBOLA YANG DISIARKAN SECARA LANGSUNG MELALUI APLIKASI MEDIA SOSIAL INSTAGRAM

Sujarwadi Sujarwadi, Maryati Bachtiar, Riska Fitriani

Abstract


Legal protection of copyright owners or holders is very necessary because
advances in technology and information affect several areas, including copyright
infringement, especially cinematography. Cinematographic work itself is one of
the copyrighted works protected under Article 40 letter m of Law No. 28 of 2014
on Copyright (Copyright Act). In this thesis, we will discuss: a legal assessment of
copyright for cinematographic works uploaded to social media Instagram, how is
the relationship between the use of the Live Broadcast feature and copyright
infringement on cinematographic works, and efforts to prevent copyright
infringement by Instagram, government and society. as Instagram users.
This research uses normative legal research methods. In normative legal
research, written law is studied from various aspects of theory, philosophy,
comparison, structure, consistency, explanation, formality and binding force of a
law. This study also takes a legal approach and makes use of the types and
sources of primary legal material, secondary legal material and non-legal
material. As well as using the technique of collecting legal material with
literature study.
The results of this research indicate that copyright infringement can mean
taking, citing, recording, reproducing or announcing (part of) the creations of
others, without the permission of the creator or copyright owner. So that this is a
violation of moral rights and economic rights for Copyright Holders. As for the
legal structure and content in Indonesia regarding the copyright of
cinematographic works, it is quite adequate, but the regulation specific to the use

of social media has not been significant. However, the existence of a non-
ministerial government agency established by the president is a form of

appreciation and protection for the creators of works in Indonesia. The
occurrence of copyright infringement in cinematographic works is based on the
lack of public knowledge of the applicable law, as well as on reasons of existence
and current trends.

Keywords: Copyright Infringement, Social Media, Cinematography.

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