ANALISIS YURIDIS TERHADAP PERLINDUNGAN HAK CIPTA KONTEN KREATOR ATAS KARYA VIDEO HASIL EDITING APLIKASI CAPCUT

This study analyzes the compliance of CapCut’s app policies with Law No. 28 of 2014 on Copyright, as well as the forms of legal protection available to creators for their edited video works. The study focuses on the clauses in CapCut’s Terms of Service (ToS) that grant a global, royalty-free, perpetual, and transferable license for user content. The objective of this study is to examine the consistency of these policies with the exclusive rights (moral rights and economic rights) guaranteed under Article 4 of the Copyright Law and to identify the legal protections available to creators. This study employs a normative legal method with a legislative and conceptual approach, utilizing primary and secondary legal materials analyzed through a qualitative-deductive framework. The research findings reveal a gap between the formal recognition of content ownership in the ToS and the substantive implementation of copyright. Overly broad licensing clauses erode creators’ exclusive economic rights by allowing commercial exploitation without compensation, and disregard moral rights (attribution and integrity) as there is no obligation to credit the creator or mechanism to refuse modifications to the work. Therefore, the author examines two research questions: whether CapCut’s policies comply with the provisions of Article 4 of Law No. 28 of 2014 on Copyright, and how creators’ copyright protection for video works edited using the CapCut application is addressed under Law No. 28 of 2014 on Copyright. In conclusion, CapCut’s policies are not yet fully in line with the provisions of Article 4 of Law No. 28 of 2014 on Copyright. This study recommends revising CapCut’s Terms of Service (ToS) to ensure proportionality, strengthening regulations for foreign platforms, and enhancing creators’ legal awareness.