Perlindungan hukum bagi pemegang hak cipta atas konten media sosial menurut peraturan perundang-undangan Indonesia = Legal protection of copyright owner in social media content according to legislation in Indonesia

Onasis, Jessica Rachel (2018) Perlindungan hukum bagi pemegang hak cipta atas konten media sosial menurut peraturan perundang-undangan Indonesia = Legal protection of copyright owner in social media content according to legislation in Indonesia. Bachelor thesis, Universitas Pelita Harapan.

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Abstract

The development of informations technology and modernization in this digital era have proven to have a big impact in social media, particularly in matters relating to its questioning legal protection for copyright holders, both in the laws and its implementation. The copyright protection is needed to secure the nature of work such as photos and pictures posted in their social media. The objective of copyright protections includes but not exclusive to show their artwork for promotion, exposures, providing information and also for profiteering related rights towards author’s creation. In order for this to be possible, a vessel is required such as Instagram, Facebook, Pinterest, and Tinder. Instagram however, running in the first place dominating other applications with its users all over the world while knowing that the users has to agree with the terms and agreements before creating an account. Terms and agreements are equipped with digital contract that functions in managing the users copyright in the user social media content. It is a fact that a lot of social media users use social media in the wrong way and leads them to copyright infringement. There is a case that is still going on in U.S District court regarding Copyright infringement for stealing a picture from Instagram to sells them later in art exhibitions without having permission from the author beforehand. Legal framework exists in tantamount regardless of countries because of the TRIPS Agreement that make contracting parties obligated to take a necessary measures and commitment in protecting the intellectual properties, including copyright infringement. Among others the measures are enacted in forms of law and regulations. United States have DMCA while European Union has EU Budapest Convention to overcome digital copyright infringement. Nevertheless there are also Exhaustion Doctrine, access contract and mass market license methods adopted as legal concept addressing the current digital issues. Indonesia has Informations and Electronic Transactions Act and Copyright Act as the front-line defense. However, both of the regulation fails to be effective in overcoming the copyright infringement cases. This thesis suggest that adopting international law instrument and related doctrine would help Indonesia in addressing digital copyright infringements properly.

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