PERLINDUNGAN HUKUM ATAS HAK CIPTA FILM DARI TINDAKAN MEMPOSTING CUPLIKAN MELALUI MEDIA SOSIAL BERDASARKAN (TRIPs 1994) DAN IMPLEMENTASINYA DI INDONESIA

Abstract

ABSTRAK Basically, a work of art that is produced through the thoughts of a human being is something that must be protected. This protection is referred to as the protection of Intellectual Property Rights, one of which is protected is Copyright. This protection provides legal certainty for all actions that violate the rights of the creator of a work. This protection is regulated based on International Law, namely the TRIPS Agreement. As for national law, protection is regulated under the Copyright Law and the ITE Law. One form of copyright infringement that often occurs is piracy through social media. Formulation of the problem 1) What is the legal protection against the act of posting part of a movie trailer via social media according to TRIPs 1994? 2) How is the implementation of the act of posting snippets via Social Media in Indonesia? The research uses normative legal methods as secondary data sources with document study data collection techniques and is processed qualitatively. Research results 1) Copyright protection for films themselves internationally is regulated in the TRIPS Agreement and WIPO Copyright Treaty 1996 concerning protecting the rights of creators in the digital field, namely regarding performances and recordings. Whereas in National Law, protection of Copyright is regulated in Law Number 28 of 2014 concerning Copyright. 2) Actions that are contrary to the provisions of Law no. 28 of 2014 is an illegal act, duplicating/reproducing a work of intellectual creation without the permission of the copyright owner concerned. Law Number 28 of 2014 concerning Copyright as a whole has guaranteed the protection of cinematographic or film copyrights from all forms of violations such as piracy or taking part of films through social media with the aim of gaining economic benefits and also broadcasting film copyrights that are carried out without permission. from the creator or copyright holder, the violation committed must be sanctioned.