PERLINDUNGAN HUKUM ATAS PENGGUNAAN HAK CIPTA FOTO DAN VIDEO TANPA IZIN (STUDI KASUS DI WARALABA KUE BALOK PARIKESIT)

Ahmad Sasili, NIM.: 16380072 (2020) PERLINDUNGAN HUKUM ATAS PENGGUNAAN HAK CIPTA FOTO DAN VIDEO TANPA IZIN (STUDI KASUS DI WARALABA KUE BALOK PARIKESIT). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Art is one of the copyrighted works that received protection from Law No. 28 of 2014 on copyright. Protection of photographs and video copyrighted works is a copyright that has been set in such a way, both concerning the provisions of moral rights and economic rights. However, this is still a frequent misuse of the copyrighted work, in which case it is the form of the copyright use of photo portraits and videos without permission to the creator or copyright holder. This violation occurs in the use of photo and video copyright of Parikesit cake beams in Yogyakarta. The approach used is the statutory approach, which is to study law number 28 year 2014 on copyright and Islamic law and regulation that is relevant to the legal issues studied. This research is descriptive analysis, which is to explain the data obtained from observation in Yogyakarta Parikesite Balo cake related as well as the results of interviews to copyright holders. Based on the results of the study can be concluded that as a formulation of problems in this research, among others: first, violations that occur in the case of use of portraits without permission on the Parikesit cake block is a form of violation of economic rights. This refers to the provisions of article 12 paragraph (1) of the copyright law governing the economic right to the portrait. It is not a violation of moral rights, because the creator did not feel harmed in relation to his integrity and horror, therefore the violation of moral rights in the case of the use of portraits on Parikesit cake beams does not exist. Secondly, due to the act of use of portraits without the permission of this creator, the consequences of liability should be received by the party violators. As a form of responsibility to the party that is harmed due to copyright infringement done, the form of liability of which can be a compensation, ask the court to stop and prevent further violations, and can also by asking the party violators to make an apology statement. Third, is the effort done so far is the enforcement of the center against the violator. However, please note that in the resolution of a copyright infringement issue there are other attempts that can be taken other than through the commercial Court, namely by means of alternative dispute resolution and arbitration

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