Legal Protection for Tiktok Content Creators from Re-Uploading Other Parties Without Permission Based on Law Number 28 of 2014 Concerning Copyright
Year: 2024
Type: article
Abstract: Protection of creative video copyrights of Tiktok content creators taken without permission through social media for commercial purposes based on Law Number 28 of 2014 concerning Copyright. Copyright is the exclusive right of the creator that arises automatically based on the declarative principle after a work is realized in tangible form without prejudice to restrictions in accordance with the provisions of laws and regulations. Moral rights are rights that must remain eternally attached to the work born by the creator, which is basically done to honor the creativity of the creator by including his name in the work of creation. Economic rights are the exclusive rights of creators or copyright holders to obtain economic benefits for their creations. In practice, there are many violations committed by Instagram account users by reuploading creative videos of Tiktok content creators without permission to the creator. The rise of copyright infringement against Tiktok content creator creative videos carried out by other parties, hinders the development of creativity in the field of cinematography and decreases income to creators. The results showed that all creative video works created are protected by Law Number 28 of 2014 concerning Copyright, as long as the party concerned can prove that his work is his creation. In the terms of service on Tiktok, there is already copyright protection by granting a non-exclusive license to works uploaded by their creators. This research was conducted to find out a truth and legal reality that occurs in society. The legal relationship between Tiktok content creators and Instagram account users will be born if there is an agreement based on a contract as stipulated in the Civil Code. The sanctions contained in Law Number 28 of 2014 have regulated sanctions for copyright infringement. For dispute resolution, it can be through litigation or non-litigation. Copyright claims can be made to the Commercial Court. We recommend that the lawsuit be carried out after a criminal verdict that has permanent legal force. In taking creative videos of Tiktok content creators, Instagram users should ask permission first to the Tiktok content creator.
Authors: Farahdiny Siswajanthy, Herli Antoni, Nuradi Nuradi
Institution: Pakuan University
Language: English
Topic: Intellectual Property Law
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4403317979