TINJAUAN HUKUM ISLAM TENTANG PENGGUNAAN FOTO PRODUK TANPA IZIN UNTUK KEPENTINGAN KOMERSIAL DI APLIKASI SHOPEE

Siti Lailatur Rosiqah, NIM.: 17103080057 (2023) TINJAUAN HUKUM ISLAM TENTANG PENGGUNAAN FOTO PRODUK TANPA IZIN UNTUK KEPENTINGAN KOMERSIAL DI APLIKASI SHOPEE. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

"Product Photo" is a reflection of a product, if the "Product Photo" is good then buyers will be interested in buying it. A photo of a product uploaded to Shopee by a business person becomes an attraction for buyers. This is what makes several business actors try to create good product photos so that the products promoted through the photos are attractive for the public to buy. Promotion of product photos through Shopee also creates potential losses, because many parties easily take product photos that have been created and uploaded by someone and then download and upload them again by other parties for the purposes of promoting their business. This research tries to answer the questions: What is the view of Islamic Law regarding the use of product photos without permission for commercial purposes in the Shopee application? How to prevent and legally regulate acts of unauthorized use of copyrighted product photos for commercial purposes on the Shopee application? This research shows the results that Islamic law regarding the use of product photos without permission for commercial purposes in the Shopee application is that product photos are the copyright owners. Taking a photo of a product for commercial purposes, including harming other people because it harms the online seller. The majority of scholars from the Maliki, Syafi'i and Hambali schools of thought are of the opinion that copyright for original creations and benefits are classified as valuable assets like objects if they can be used according to sharia' (Islamic law). In Islamic law, IPR is seen as one of the huquq maliyyah (property rights) which is protected by mal (wealth), law (maşun). Using product photos without permission is an act of ghasab, ghasab law is haram.

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