FIRIZKY, RIMA (2010) ANALISIS YURIDIS PUBLIKASI FOTO TANPA IZIN PENCIPTA DITINJAU DARI UNDANG-UNDANG NO.19 TAHUN 2002 TENTANG HAK CIPTA. Other thesis, University of Muhammadiyah Malang.
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Abstract
Crime of a change in the Copyright Act No.12 of 1997 until the imposition of law No.19 of 2002, which applies on the date of July 23, 2003 complaint to the offense usually found so far are unable to provide protection and certainty law on copyright works works especially photos. This can be seen in cases bermunculannya publication without permission of the creator of the image that often happens and even harm the creator of the photographed object. There are two issues raised in this research is: what actions can be categorized as a publicity photo without permission from the creator in terms of Act No.19 of 2002 on Copyright; What is the resolution of violations of the publication without permission of the creator of the image in terms of Law No .19 of 2002 on Copyrights. Research approach in this research is a normative juridical approach to analyzing the contents of the laws of copyright No. 19 of 2002 in particular paragraph 5 of article 72 jo Article 19 and Article 20. Analysis techniques used in this study was content analysis, content analysis or the law no.19 of 2002 on the Rights of data based on criminal cases for which there are pictures. Case exciting publication Julia Perez photo, case photo dissemination PT Sriwijaya Air flight attendant by the PT Sriwijaya Air in the form of brochures, magazines cases Wat's on the Ratna Sari Dewi publications can be categorized as a crime according to the image due to meet the Article 72 paragraph 5 of article 19 jo and Article 20 which includes subjective and objective elements namely: fault, published photographs and reproduce and distribute the image, the object is a picture person, it was committed by another person or own creator, and the elements against the law, publication of these photographs according to the year 2002 also UUHC categorized as a publicity photos by civil action because there are elements in it: error, against the law and material losses caused to other people or objects that the creator is in the image. The resolution that can be done in case of publication of photographs without the permission of the creator by law no.19 of 2002 on copyright can be done through criminal channels because of the publication of the picture is a common offense that may be filed a criminal lawsuit to state court, and can be done also through the civil ie through ADR or civil lawsuit. The conclusion that the publication of photographs without the permission of the creator according to Law No.19 of 2002 on Copyright and pidan an act of civil actions, thus solving a crime in violation of copyright of the image can be done, but in a more clarified subtansinya parties have anyone who prohibited to disseminate the image. Copyright dispute resolution in criminal acts can be done through civil litigation where there is a right of indemnification therein, can also use arbitration or ADR, and with the changes to the offense complaint ordinary resolution will be carried out through the criminal complaint, although without any complaints.
| Item Type: | Thesis (Other) |
|---|---|
| Subjects: | K Law > K Law (General) |
| Divisions: | Faculty of Law > Department of Law (74201) |
| Depositing User: | Anwar Jasin |
| Date Deposited: | 07 Mar 2012 14:39 |
| Last Modified: | 07 Mar 2012 14:39 |
| URI : | http://eprints.umm.ac.id/id/eprint/354 |
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