Pelindungan Hukum atas Karya Fotografi pada Online Shop di Instagram

Abstract

In Indonesia, the use of the internet as a multimedia information medium means that various digital works can be duplicated and disseminated in a short time, one of which is photographic works on the social media Instagram, photographic works are protected by copyright. Lack of outreach to the public regarding understanding and awareness of protected rights is a factor in copyright violations, which are regulated in Law Number 28 of 2014 concerning Copyright. One of the copyright violations for photographic works on Instagram social media occurred between the SSAN OS online shop and the KIREINA SC online shop, where the KIREINA SC online shop downloaded and uploaded photos of products belonging to the SSAN OS online shop without permission and used them for commercial purposes.This research aims to analyze the copyright protection of photography published on the social media Instagram according to Law Number 28 of 2014 concerning Copyright, analyze the legal protection of photographic works that are duplicated and re-uploaded to the online shop on Instagram without the creator's permission based on Indonesian law, and analyze the legal responsibility for copyright infringers of photographic works in the online shop on Instagram without the permission of the creator who re-uploads them for commercial purposes.The method used in this research is normative juridical research, namely examining library materials or secondary data which includes books and legal norms contained in statutory regulations, legal principles, as well as reviewing statutory provisions. The legal theories used in this research are the Legal Certainty Theory and the Legal Protection Theory. Data collection techniques are collection techniques that researchers carry out using library research (Library Research) and are also carried out field research. Protection of photography copyright on the social media Instagram is regulated in Article 15 paragraph (1) of Law Number 28 of 2014 concerning Copyright, which aims to protect the exclusive rights of a copyrighted work. The legal protection of photographic works of SSAN OS online shop products which are violated by the KIREINA SC online shop on Instagram, can be filed in civil and criminal cases, but in this case the parties chose to resolve the dispute through negotiation, namely the KIREINA SC online shop only apologized to the online party SSAN OS shop without any compensation and related legal responsibilities of the KIREINA SC online shop must obtain permission/license from the SSAN OS online shop as the copyright owner as regulated in Article 1 Paragraph (20) of the Copyright Law, this is important to pay attention to there is no copyright infringement that could harm the creator or copyright holder.