Juridical Analysis Of Copyright And Copyright Legal Protection For Photography Content And Portrait Of Instagram Use

Feb 27, 2025 by ADMIN 117 views

**Juridical Analysis of Copyright and Copyright Legal Protection for Photographic Content and Portraits on Instagram**

Introduction

Instagram is a social media application that has revolutionized the way people share photos and videos. With over a billion active users worldwide, Instagram has become an essential platform for individuals and businesses to showcase their creativity and connect with others. However, with the rise of social media, the issue of copyright and intellectual property has become increasingly complex. In Indonesia, where Instagram has a significant user base, there is a pressing need to understand the legal framework surrounding copyright and intellectual property.

The Importance of Copyright Protection

Copyright protection is essential for creators and owners of original works, including photography and portrait content. When a work is created, the creator automatically becomes the copyright holder, unless there is evidence to the contrary. In the context of Instagram, when users create and share photography and portrait content, they automatically become copyright holders for the work. However, the requirements for the use of Instagram regarding the copyright license regulated in the platform are contrary to the legal provisions stipulated in Law Number 28 of 2014 concerning Copyright.

The Current State of Copyright Protection on Instagram

The current state of copyright protection on Instagram is inadequate. The platform's terms of service and community guidelines do not provide sufficient protection for copyright holders. The existing license agreement has no legal force and cannot be applied to the legal consequences that arise from copyright infringement. This means that users who create and share photography and portrait content on Instagram are not adequately protected from copyright infringement.

The Consequences of Copyright Infringement

Copyright infringement can have serious consequences for creators and owners of original works. In Indonesia, copyright infringement can result in civil suits, criminal demands, or temporary determinations from the Commercial Court. Users are also entitled to use the arbitration mechanism or alternative dispute resolution, as well as reporting the violation to the Minister of Law and Human Rights through the Directorate General of Intellectual Property for further action.

The Need for Education and Awareness

Education and awareness are crucial in promoting a better understanding of copyright and intellectual property. Both users and content makers need to be educated on their rights and obligations in creating, using, and sharing content on digital platforms. This includes understanding the concept of copyright, the importance of obtaining permission from the copyright holder, and the consequences of copyright infringement.

The Role of Regulations in Promoting Copyright Protection

Regulations play a crucial role in promoting copyright protection. In Indonesia, the government needs to improve the regulations surrounding copyright and intellectual property to ensure that they are relevant to the development of technology and social media. This includes updating the law to reflect the changing landscape of social media and the internet.

Conclusion

In conclusion, the juridical analysis of copyright and copyright legal protection for photographic content and portraits on Instagram is a complex issue that requires a better understanding of the legal framework surrounding copyright and intellectual property. Education and awareness are crucial in promoting a better understanding of copyright and intellectual property, and regulations need to be improved to ensure that they are relevant to the development of technology and social media.

Recommendations

Based on the findings of this study, the following recommendations are made:

Education and Awareness: Education and awareness programs need to be implemented to promote a better understanding of copyright and intellectual property among users and content makers.
Regulatory Reform: The government needs to reform the regulations surrounding copyright and intellectual property to ensure that they are relevant to the development of technology and social media.
Improved Copyright Protection: Instagram needs to improve its copyright protection mechanisms to ensure that users who create and share photography and portrait content are adequately protected from copyright infringement.
Arbitration Mechanism: The arbitration mechanism or alternative dispute resolution needs to be made available to users who are victims of copyright infringement.

Limitations of the Study

This study has several limitations. Firstly, the study only focuses on the juridical analysis of copyright and copyright legal protection for photographic content and portraits on Instagram. Secondly, the study only examines the Indonesian context and may not be applicable to other countries. Finally, the study only provides a descriptive analysis of the issue and does not provide a comprehensive solution to the problem.

Future Research Directions

Future research directions include:

Comparative Study: A comparative study needs to be conducted to compare the copyright protection mechanisms of different social media platforms.
Empirical Study: An empirical study needs to be conducted to examine the impact of copyright infringement on creators and owners of original works.
Policy Analysis: A policy analysis needs to be conducted to examine the effectiveness of the regulations surrounding copyright and intellectual property in promoting copyright protection.

Conclusion

Q1: What is copyright, and why is it important?

A1: Copyright is a form of intellectual property that protects original works, such as photographs, music, and literature. It gives the creator of the work the exclusive right to reproduce, distribute, and display the work, as well as create derivative works. Copyright is important because it allows creators to control how their work is used and to receive fair compensation for their work.

Q2: Who owns the copyright to a photograph on Instagram?

A2: The person who created the photograph owns the copyright to it, unless they have assigned the copyright to someone else or have licensed the photograph to someone else. In the case of Instagram, the user who uploads the photograph becomes the copyright holder, unless there is evidence to the contrary.

Q3: What is the difference between a copyright license and a copyright agreement?

A3: A copyright license is a permission granted by the copyright holder to use their work, while a copyright agreement is a contract between the copyright holder and the user that outlines the terms and conditions of the use of the work. Instagram's terms of service and community guidelines are an example of a copyright agreement.

Q4: Can I use a photograph on Instagram without getting permission from the copyright holder?

A4: No, you cannot use a photograph on Instagram without getting permission from the copyright holder. Using a photograph without permission is a form of copyright infringement, which can result in serious consequences, including civil suits, criminal demands, or temporary determinations from the Commercial Court.

Q5: How can I obtain permission to use a photograph on Instagram?

A5: To obtain permission to use a photograph on Instagram, you need to contact the copyright holder and ask for their permission. You can do this by sending a request to the copyright holder or by using a licensing service that connects users with copyright holders.

Q6: What are the consequences of copyright infringement on Instagram?

A6: The consequences of copyright infringement on Instagram can be severe. They can include civil suits, criminal demands, or temporary determinations from the Commercial Court. Users who are victims of copyright infringement can also use the arbitration mechanism or alternative dispute resolution, as well as report the violation to the Minister of Law and Human Rights through the Directorate General of Intellectual Property for further action.

Q7: How can I protect my copyright on Instagram?

A7: To protect your copyright on Instagram, you need to take steps to ensure that your work is not used without your permission. This can include registering your work with the Directorate General of Intellectual Property, using a copyright notice on your work, and monitoring your work for unauthorized use.

Q8: Can I use a photograph on Instagram if it is in the public domain?

A8: Yes, you can use a photograph on Instagram if it is in the public domain. However, you need to ensure that the photograph is actually in the public domain and not still under copyright. You can do this by checking the copyright status of the photograph or by using a public domain image.

Q9: How can I report copyright infringement on Instagram?

A9: To report copyright infringement on Instagram, you need to contact the platform's support team or report the violation to the Minister of Law and Human Rights through the Directorate General of Intellectual Property for further action.

Q10: What is the role of the Directorate General of Intellectual Property in protecting copyright on Instagram?

A10: The Directorate General of Intellectual Property plays a crucial role in protecting copyright on Instagram. It is responsible for registering copyrights, monitoring copyright infringement, and providing guidance on copyright law. Users who are victims of copyright infringement can report the violation to the Directorate General of Intellectual Property for further action.