The trajectories of creative content protecting law in Indonesia: dealing with the challenge and advancing the potential

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...

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Main Authors:	Yuspin, Wardah, Fauzie, Ata, Hermawan, Danny
Format:	Article
Language:	English
Published:	Penerbit Universiti Kebangsaan Malaysia 2019
Online Access:	http://journalarticle.ukm.my/13209/ http://journalarticle.ukm.my/13209/ http://journalarticle.ukm.my/13209/1/33486-104719-1-PB.pdf

id	ukm-13209
recordtype	eprints
spelling	ukm-132092019-07-25T21:58:16Z http://journalarticle.ukm.my/13209/ The trajectories of creative content protecting law in Indonesia: dealing with the challenge and advancing the potential Yuspin, Wardah Fauzie, Ata Hermawan, Danny 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. Penerbit Universiti Kebangsaan Malaysia 2019 Article PeerReviewed application/pdf en http://journalarticle.ukm.my/13209/1/33486-104719-1-PB.pdf Yuspin, Wardah and Fauzie, Ata and Hermawan, Danny (2019) The trajectories of creative content protecting law in Indonesia: dealing with the challenge and advancing the potential. Jurnal Komunikasi ; Malaysian Journal of Communication, 35 (2). pp. 361-374. ISSN 0128-1496 http://ejournal.ukm.my/mjc/issue/view/1200
repository_type	Digital Repository
institution_category	Local University
institution	Universiti Kebangasaan Malaysia
building	UKM Institutional Repository
collection	Online Access
language	English
description	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.
format	Article
author	Yuspin, Wardah Fauzie, Ata Hermawan, Danny
spellingShingle	Yuspin, Wardah Fauzie, Ata Hermawan, Danny The trajectories of creative content protecting law in Indonesia: dealing with the challenge and advancing the potential
author_facet	Yuspin, Wardah Fauzie, Ata Hermawan, Danny
author_sort	Yuspin, Wardah
title	The trajectories of creative content protecting law in Indonesia: dealing with the challenge and advancing the potential
title_short	The trajectories of creative content protecting law in Indonesia: dealing with the challenge and advancing the potential
title_full	The trajectories of creative content protecting law in Indonesia: dealing with the challenge and advancing the potential
title_fullStr	The trajectories of creative content protecting law in Indonesia: dealing with the challenge and advancing the potential
title_full_unstemmed	The trajectories of creative content protecting law in Indonesia: dealing with the challenge and advancing the potential
title_sort	trajectories of creative content protecting law in indonesia: dealing with the challenge and advancing the potential
publisher	Penerbit Universiti Kebangsaan Malaysia
publishDate	2019
url	http://journalarticle.ukm.my/13209/ http://journalarticle.ukm.my/13209/ http://journalarticle.ukm.my/13209/1/33486-104719-1-PB.pdf
first_indexed	2023-09-18T20:04:21Z
last_indexed	2023-09-18T20:04:21Z
_version_	1777407058342051840

The trajectories of creative content protecting law in Indonesia: dealing with the challenge and advancing the potential

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