Legalitas: Jurnal Hukum
Vol 12, No 2 (2020): Desember

Doktrin Safe Harbor: Upaya Perlindungan Hak Cipta Konten Dalam Platform User Generated Content

Syarafina Ramadhanty (Faculty of Law, Universitas Padjadjaran)
Naila Amatullah (Faculty of Law, Universitas Padjadjaran)
Niki Anane Setyadani (Faculty of Law, Universitas Padjadjaran)
Tasya Safiranita Ramli (Faculty of Law, Universitas Padjadjaran)



Article Info

Publish Date
23 Dec 2020

Abstract

Along with the rapid development of technology, social media platforms can be used to sharpen human creativity by uploading opinions, images, videos, sounds and so on as a form of user copyright. A digital platform that actively invites its users to upload copyrighted content is called the User Generated Content Platform ("UGC"). UGC's social media accounts are vying to be judged viral, so few accounts are 'stealing' content instead of his work in order to gain that reputation. Furthermore, the account is used commercially using a paid promote system or paid promotional services. This phenomenon often occurs on Instagram platforms with paid promotional systems that take Twitter content without permission. The purpose of this writing is to know the legal protection in the content of Twitter's UGC platform which is re-uploaded and monetized with a paid promotion system without rights on Instagram by Indonesian copyright law. Furthermore, the author carries the idea of providing protection to the UGC platform by applying the safeharbor doctrine in the event of copyright infringement by users of the platform. In reviewing this study, the authors used normative juridical approach methods, by examining literature as the main research material. The results of this study found that Twitter's re-uploaded and monetized User Generated Content platform content with a paid promotion system on Instagram has been protected by Indonesian copyright law in accordance with Law No. 28 of 2014 on Copyright reaffirmed in accordance with the safe Harbor doctrine contained in the Circular of the Minister of Communication and Informatics No. 5 of 201 on Restrictions on Responsibility of Platform Providers and Merchants of Electronic Commerce in the form of UGC.

Copyrights © 2020






Journal Info

Abbrev

Legalitas

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Legalitas: Jurnal Hukum is a peer-reviewed open access journal that aims to share and discuss current issues and research results. This journal is published by Center for Law Research and Development, Master of Law Program, Batanghari University, Legalitas: Jurnal Hukum contains research results, ...