Perlindungan hukum hak cipta film terhadap pembajakan pada aplikasi telegram

Ilela, Prissly Lionny (2022) Perlindungan hukum hak cipta film terhadap pembajakan pada aplikasi telegram. Bachelor thesis, Universitas Pelita Harapan.

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Abstract

Movie piracy is rampant, despite the fact that it is one of the protected creations. Piracy is now carried out on movies watched through Over The Top (OTT) platforms easily because it is supported by advanced technology that can duplicate movies quickly and distributed via the Telegram application. Therefore, the author raises two issues, namely how to regulate the legal protection of movie copyright in Indonesia and how to apply movie copyright law protection against piracy in the application Telegram. The purpose of this research is to solve legal problems, make legal discoveries, and develop legal science in the field of intellectual property rights, especially in the field of copyright. The research methods used are normative-empirical types of research, primary and secondary types of data, ways of obtaining data through interviews, systematic approaches, and data analysis Qualitative. The findings reveal that copyrights are legally protected in Indonesia. The national law that protects movie copyright is the Copyright Act on which copyright protection is based. Then there is the ITE Act, which protects intellectual property in the digital age. In addition, the movie Act regulates aspects of movie but does not protect the copyright of movies. Then, the Joint Regulation of the Minister of Law and Human Rights and the Minister of Communication and Informatics, which regulates the implementation of the closure of content and/or access rights, in addition to that is, there is also international law on which the implementation of IPR is based, namely the TRIPs Agreement, the Berne Convention, and the WIPO Copyright Treaty, which has been ratified by the Indonesian government. In addition, piracy that occurs requires legal protection of movie copyrights. The protections provided include preventive protection by designing and publishing legal products that protect movie copyrights. Meanwhile, for repressive protection, several legal remedies are carried out, namely the closure of content or access rights, as well as blocking, temporary determination of courts, civil lawsuits, and criminal proceedings. However, the legal protection of movie copyright in Indonesia still faces many obstacles and shortcomings, both in terms of legal structure and substance as well as legal culture. Thus, it can be concluded that there is already a legal umbrella that protects movie copyright in Indonesia, and there have been several legal remedies that can be taken by creator, copyright holder, or aggrieved party. It's just that the legal protection provided is considered inadequate because there are still many obstacles and shortcomings that must be addressed.

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