Perlindungan hukum desain arsitektur terhadap penggunaan fotografi arsitektur untuk kepentingan komersial

Caradhigama, Niroga (2023) Perlindungan hukum desain arsitektur terhadap penggunaan fotografi arsitektur untuk kepentingan komersial. Bachelor thesis, Univeristas Perlita Harapan.

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Abstract

ABSTRACT Niroga Caradhigama ( 01051170165 ) LEGAL PROTECTION OF ARCHITECTURE DESIGN TO THE USE OF COMMERCIAL ARCHITECTURE PHOTOGRAPHY. Reference: 24 Reference Photography is one of the copyrighted, that is protected by copyright law. The protection of photographic has been regulated in such a way as to regulate the law on economic rights and moral rights, the use of architectural photography in copyright law, how to implement copyright on architectural photography to find out. and understand the forms of legal protection for architectural design copyrights in Indonesia. To know and understand the legal consequences for legal subjects on the commercial use of architectural photography based on copyright law. This research is normative research. The legal materials used are primary legal materials, secondary legal materials and tertiary legal materials from Library Research. Library research is carried out by collecting and studying secondarydata, namely data obtained through document study activities in the form of books, papers and statutory regulations. Law on copyrights for architectural photography. Photographic, especially architectural photography, have legal protection, photographic are protected by Law Number 28 of 2014 of copyright, so that creators as copyright holders can obtain economic rights based on Article 9 of Law Number 28 of 2014 of copyright and moral rights based on article 5 of Law Number 28 of 2014 of copyright, if a photographic is used without the permission of the creator, the dispute resolution process can be carried out in accordance with existing laws. Legal consequences for legal subjects who commit commercial violations of photographic works without rights, apart from being sued civilly, copyright infringers can still be prosecuted criminally in accordance with the provisions of Article 113 paragraph (1) of Law Number 28 of 2014 concerning copyright. However, even so the decision of the civil case cannot remove the criminal. An architectural photography in one or more publications, even if it is of a commercial nature, is not considered an offense unless stated otherwise by the creator who objects to having his portrait taken for publication interest of public security and/or criminal justice processes, a portrait of an architectural work under any circumstances may be reproduced and published. The public should have a better understanding of copyright legislation so that they do not become a party that is easily harmed or harmed because of their ignorance of copyright. This can be done by following counseling or information on copyright law. Keyword: Legal Protection, Architecture Copyright, Architecture Design.

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