Analisis Pelindungan Hukum Pemilik Vlog yang Ditayangkan oleh Televisi Tanpa Izin Menurut Undang-Undang No. 28 Tahun 2014 tentang Hak Cipta (Studi pada Stasiun Televisi Trans 7)

Abstract

The use of social media is currently experiencing developments that facilitate the public in obtaining information, the low level of understanding of the Indonesian people about the importance of copyright protection has led to numerous cases of copyright infringement, particularly concerning Vlogs, which are included in the realm of Intellectual Property Rights. This study discussed three issues: (1) Is the normative regulation of Law No. 28 of 2014 on Copyright provide legal protection for Vlog creators in Indonesia? (2) Is the unauthorized broadcasting of Vlogs by Trans 7 Television Station a form of copyright infringement? (3) What are the legal consequences of broadcasting Vlogs without permission according to Law No. 28 of 2014 on Copyright? This research uses a normative juridical legal research method with a legislative approach and legal concept analysis approach. The study is descriptive, using primary legal materials and secondary legal materials. Primary legal materials are derived from Law No. 28 of 2014 on Copyright. Secondary legal materials include literature on Copyright and Acts Against the Law. The results of this study confirm that a re-broadcasted Vlog can be considered a cinematographic work and is entitled to copyright protection under Article 40 paragraph I letter m of the Copyright Law, even though the term "Vlog" is not explicitly mentioned in the article. The conclusion of this study is that Vlogs can be categorized as creations in the form of moving images, including documentaries, advertisements, reports, or scripted films, and animated films. Vlogs themselves meet the criteria for moving images. Therefore, Vlogs are entitled to legal protection if re-broadcasting occurs without the Vlog owner's permission or without a written agreement (License). Unauthorized re-broadcasting of a Vlog will incur sanctions as stipulated in the Copyright Law, through filing a lawsuit or reporting it as a criminal act of copyright infringement.