Hak Cipta Atas Karya Fotografi dan Sinematografi dalam Batasan Pornografi dan Kesusilaan di Indonesia

Abstract

One of the copyrighted works recognized in Law No. 28 of 2014 on Copyright is the copyrighted work of photographic art. So, everyone who creates photographic art is protected by legal rights based on this legal norm. However, there are restrictions in the law on everyone to create a copyrighted work, including photographic art that is considered violating or contrary to morals. There needs to be more clarity to the definite and firm explanation of the forms of moral restrictions that raise issues. So that everyone can have a different perspective on art that each person considers does not violate moral limitation. Therefore, it is necessary to have a reference that can declare a particular work of photographic art to violate morals and the legal consequences applied to violations of these moral restrictions. The type of research used is normative juridical, using secondary data by processing data from primary legal materials, secondary legal materials, and tertiary legal materials. Document study data collection techniques using qualitative analysis. Based on the research results, it is known that the legal basis for moral restrictions in copyrighted works of photographic art is constitutionally recognized in Article 28j paragraph (2) of the 1945 Constitution. The principle is continued in the laws below, including Article 50 of Law Number 28 of 2014 concerning Copyright. The form of moral restriction is categorized if it contains nudity or gives the impression of nudity (excluded for the sake of art and culture, customs, and religious rituals of the Indonesian people), contrary to religious values, contrary to the norms of decency, contrary to public order and violates security.