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All Journal Al-'Adl Jurist-Diction Jurnal Darma Agung SANGAJI: Jurnal Pemikiran Syariah dan Hukum RIO LAW JURNAL Journal of International Multidisciplinary Research Mitsaqan Ghalizan
Naufal, Yamani
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Religion Humanities Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Social Sciences Other

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Journal : Jurist-Diction

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The Ambiguity of Copyright Law in Photography Based on Artificial Intelligence within the Radburch Formula Framework Naufal, Yamani
Jurist-Diction Vol. 9 No. 1 (2026): Volume 9 No. 1, Januari 2026
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/jd.v9i1.79285

Abstract

The development of artificial intelligence (AI) technology has presented new challenges in the copyright law regime. One of these challenges is the emergence of photographic works that are produced entirely or partially by AI. The main issues that arise are who can be categorized as the creator, whether the work meets the elements of originality, and how AI-based creations are protected by law. In the Indonesian context, Law No. 28 of 2014 on Copyright does not explicitly regulate the position of AI works, thus creating legal uncertainty. This study uses a normative legal method with a conceptual approach. The results of the analysis show that there is a normative gap regarding the legal subject in AI creations, as well as a debate regarding the requirements for originality. Therefore, regulatory reconstruction is needed, either by expanding the definition of creator or through a specific attribution model, so that legal protection can reflect the principles of certainty, fairness, and benefit.
Co-Authors ., Muzdalifah Abdillah, Muhammad Torieq Dian May Syifa Hery Irawan, Hery Lesmana, Muhammad Andy Muhammad Alfiqtrah Aslam Muhammad Alwi Musthafa Muhammad Fikri Firdaus Muhammad Syarif Hidayatullah, Muhammad Syarif Muhammad Yusuf Aditya Rifqy Aqil Pratama Syifa, Dian May