Jurist-Diction
Vol. 9 No. 1 (2026): Volume 9 No. 1, Januari 2026

The Ambiguity of Copyright Law in Photography Based on Artificial Intelligence within the Radburch Formula Framework

Naufal, Yamani (Unknown)



Article Info

Publish Date
30 Jan 2026

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.

Copyrights © 2026






Journal Info

Abbrev

JD

Publisher

Subject

Law, Crime, Criminology & Criminal Justice Social Sciences

Description

The aims of Jurist-Diction is to provide a venue for academicians, researchers, and practitioners for publishing the original research articles or review articles. The scope of the articles published in this journal deal with a broad range of topics, including: Criminal Law; Civil Law; ...