The Trajectories of Creative Content Protecting Law in Indonesia: Dealing with the Challenge and Advancing the Potential

Authors

  • Wardah Yuspin
  • Ata Fauzie
  • Danny Hermawan

Abstract

The article aims at determining the legal protection of creative content uploaded by the creators through online media as well as the challenges faced by the creators in protecting their works. This research includes descriptive normative of the legal research that describes the legal protection and the challenges faced by the creators in protecting their works. The secondary data are obtained from the case file of Agency France Presse v. Morel, Decision No. 68/HC/2005/PN.Niaga.Jkt.Pst, and Decision No. 056 PK/Pdt.Sus/2010. The collection of secondary data is done through literature study. Based on the results, it can be concluded that, first, United States copyright laws and the Digital Millennium Copyright Act (DMCA) have accommodated the protection of the works uploaded through online media even though they have not been registered in the relevant institution as demonstrated by the case of Agence France Presse v. Morel. Second, the Indonesian copyright law has some similarities to the articles of the DMCA used in the case of AFP v. Morel. Referring to the case No. 68/HC/2005/PN.Niaga.Jkt.Pst, in the case the copyright of the infringing logo has not been registered and it is registered by a party who is not the actual creator, it is decided that the registration can be cancelled with evidence presented at the trial. Several challenges faced in protecting creative content include the contractual relationships between users and service providers, the absence of copyright registration, and the characters of user in digital media. The terms of service set by service providers usually non-exclusive licenses or royalty free in which they can utilise the works in accordance with the existing provisions. Keywords: Protection law, copyright, user-generated content, creative content, anti piracy.

Author Biographies

Wardah Yuspin

Wardah Yuspin is a Senior Lecturer at Law School Universitas Muhammadiyah Surakarta, Indonesia. She received her Ph.D. (Business Law) from Leeds University, UK in 2012. Her research interests include on the Islamic Banking Law, Sharia Financial Institution and the Legal Protection of Creative Content in Indonesia. She wrote many articles on that subject.

Ata Fauzie

Ata Fauzie is a professional lecturer at Sharia and Economics department at Department of Islamic Studies Universitas Muhammadiyah Surakarta, Indonesia, and Student of  Doctoral programme at Universitas Islam Indonesia. His research Interest include on the Corporate Governance of Islamic banking, sharia compliant and legal aspect. 

Danny Hermawan

Danny Hermawan graduated from Magister of Law at Universitas Muhammadiyah Surakarta in 2017, his research interests include on the Mass Communication, Multimedia  and Legal journalism study.

References

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Published

2019-06-30

Issue

Vol. 35 No. 2 (2019)

Section

Special Articles

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If the article is accepted for publication, copyright of this article will be vested to UKM Press, National University of Malaysia (UKM).

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