Introduction: Digital academic-sharing platforms such as Academia.edu facilitate the dissemination of scholarly works but raise legal questions concerning copyright licensing, commercial exploitation, and the protection of authors’ economic rights. Although Indonesian Law Number 28 of 2014 on Copyright establishes a legal framework for copyright protection, its application to digital platforms requires further legal analysis.
Purposes of the Research: This study examines the protection of academic authors’ economic rights on Academia.edu and analyzes the legal conditions under which the platform may incur liability for unauthorized commercial exploitation of copyrighted works.
Methods of the Research: This study employs normative legal research using statutory and conceptual approaches. Primary legal materials include Indonesian copyright legislation and relevant international copyright instruments, supported by secondary legal materials on copyright licensing and digital platform liability. The materials are analyzed qualitatively through legal interpretation and systematic legal argumentation.
Findings of the Research: The analysis indicates that authors’ economic rights are protected under Indonesian copyright law, while the legality of a platform’s use of uploaded works depends on the scope of the applicable license, the identity of the rights holder, and the nature of the exploitation. Platform liability cannot be established solely from the existence of commercial services; it requires an assessment of contractual authorization, the relevant legal obligations, and evidence of infringement. Conclusion: Effective protection requires transparent licensing terms, accessible complaint and takedown mechanisms, stronger copyright awareness among academics, and clearer standards for assessing digital platform liability. This study contributes a normative framework for evaluating the relationship between authors’ economic rights and platform accountability in digital academic publishing.
The importance of author protection, especially in the context of the publication of scientific and intellectual works, cannot be underestimated. In today's digital era, various online platforms have developed rapidly, one of which is Academia.edu.
In Indonesia, the protection of copyright is regulated in Law Number 28 of 2014 concerning Copyright which provides a legal basis for moral rights and economic rights for creators or copyright holders for the works produced. Article 8 of Law Number 28 Year 2014 on Copyright, which reads: "Economic rights are the exclusive rights of creators or copyright holders to obtain economic benefits for their creations". This article is very important in protecting the rights of creators where creators are entitled to their creations and also creators can determine how their creations are used and published.
Along with the development of information technology, online platforms such as Academia.edu must also adapt to the development of these regulations so that the rights of authors can be well protected, both in national and international law. The Copyright Law in Indonesia regulates the protection of authors' rights, including scientific works published on online platforms. In Article 1 of the Copyright Law, it is explained that creation is the result of a work of thought containing ideas, information, or the expression of an idea reflected in a form that can be understood or accepted by the public.
Scientific works published on Academia.edu or similar platforms can be categorized as creations that receive legal protection in accordance with the provisions in the law. For example, Article 2 Paragraph (1) of the Copyright Law, which stipulates: "Creation is the result of every creation in the form of works in the fields of science, art, and/or culture that can be enjoyed by the public." Based on this article, which states that copyright on scientific works is a right owned by the creator as long as the work has not been announced or disseminated. Therefore, it is important for authors who publish their work on platforms such as Academia edu to understand their rights in relation to the publication, dissemination and use of that work by others.
One of the problems often faced by authors who publish scholarly work on online platforms is the issue of licensing and copyright arrangements that are not always transparent. Academia.edu, as a platform that provides services for the publication of scientific works, allows authors to regulate how their works can be accessed by other users, whether for free or by paying a certain fee.
The right to decide who can use their work and under what circumstances belongs to the authors. In addition, the Copyright Act offers a legal defense against careless individuals who infringe copyright. In this case, authors whose scholarly works are published on online platforms such as Academia.edu, have the right to sue for damages or seek a stop to the unauthorized use of their works. Authors can file a lawsuit against such copyright infringement based on the provisions of Article 113 Paragraph (1) which regulates sanctions for copyright infringement, both criminal and civil. The sanctions aim to provide a deterrent effect to infringers and ensure that the author's copyright is respected. In addition, authors also have the right to transfer part or all of the copyright to their work to other parties, such as publishers or institutions, through a license agreement.
These license agreements must be clearly drafted to avoid future legal conflicts related to the rights to published works.
On the other hand, the Indonesian government through the Ministry of Law and Human Rights and other related institutions, such as the Directorate General of Intellectual Property, has the responsibility to educate the public, especially writers and academics, about the importance of copyright protection. With good education about copyright and the use of safe online platforms, it is hoped that writers can be better protected and avoid potential copyright-related legal violations in the future. In addition, online platform providers such as Academia.edu also need to increase transparency regarding the rules and regulations relating to copyright so that authors can make more informed decisions when deciding to publish their work.
This study examines the relationship between digital licensing consent, the scope of authorization for commercial exploitation, and the legal liability of academic-sharing platforms under Indonesian copyright law. Its contribution lies in developing a normative framework for distinguishing authorized platform use from potential infringement of authors’ economic rights. Authors active on platforms like Academia.edu should understand their rights and how to protect their work online. Strong and transparent legal protection will provide authors with a sense of security in creating and contributing to the development of knowledge, while maintaining the integrity and sustainability of creativity in the academic world.
This research aims to find a legal basis, both in the form of theory, doctrine, and positive norms, in answering legal problems regarding the protection of economic rights to copyrighted articles uploaded on the Academia.edu platform, especially related to violations and the responsibility of the platform to the creator. This research focuses on the legal regulation of copyright as stipulated in Law Number 28 of 2014 concerning Copyright, especially in relation to economic rights and legal protection mechanisms in the digital era. The approaches used in this research are statute approach and conceptual approach. The statutory approach is used to examine the provisions in the relevant legislation, while the conceptual approach is used to understand the principles and doctrines relating to the legal protection of copyright in the digital realm, including principles in international law such as the Bern Convention and the WIPO Copyright Treaty. The types of legal materials used in this research consist of three categories Primary legal materials, namely the 1945 Constitution of the Republic of Indonesia, Law Number 28 of 2014 on Copyright, as well as international provisions related to copyright protection. Secondary legal materials, in the form of legal literature such as books, scientific journals, articles, and expert opinions that discuss economic rights, copyright protection, as well as cases of copyright infringement on digital platforms. Tertiary legal materials, including legal dictionaries, encyclopedias, and internet-based information sources that support the analysis of the practice of using copyrighted works on platforms such as Academia.edu. The procedure for collecting legal materials is carried out through literature studies, namely by tracing, collecting, and classifying information from primary, secondary, and tertiary legal materials that are relevant to the subject matter. After the data is collected, qualitative analysis is carried out, namely by reviewing and interpreting the content of legal materials based on a normative approach, then drawing systematic conclusions to answer the formulation of the problems raised in this study. This analysis technique is done by separating legal issues, compiling legal arguments, and linking them to the principles and principles of economic rights protection in national and international copyright law.
Copyright literally comes from two words: rights and copyright. In the Big Indonesian Dictionary, the word "right" means an authority given to certain parties that are free to use or not. While the word "copyright" or "creation" is aimed at the results of human work by using the mind, feelings, knowledge, imagination and experience, so it can be interpreted that copyright is closely related to human intellectuals.
Juridically, the term copyright has been used in Law Number 6 of 1982 as a substitute for the term author's rights used in Auteurswet 1912. Copyright is one part of the legal regime of intellectual property that provides protection to the original works of human beings embodied in a tangible form. In legal terminology, copyright is an exclusive right granted to the creator or right holder to publish and reproduce his creation within a certain period of time without being contested by other parties.
Article 1 number 1 of Law Number 28 of 2014 concerning Copyright states: "Copyright is an exclusive right for the creator that arises automatically based on the declarative principle after a work is realized in real form without reducing the restrictions in accordance with the provisions of the legislation." From this definition, it can be seen that copyright does not require registration to obtain legal protection. That is, once a work is created and dituangka in real form, copyright is directly attached to the creator. Economic rights (economic rights) is a central aspect in the copyright regime because it contains a financial dimension attached to a creation. Normatively, economic rights provide exclusive authority to the creator or right holder to regulate, permit, or prohibit other parties to use, reproduce, disseminate, or exploit his creation in any form that generates economic benefits.
According to the provisions of Article 8 of Law Number 28 of 2014 on Copyright, "economic rights are the exclusive rights of the creator or copyright holder to obtain economic benefits for the creation. This right includes various forms of exploitation such as duplication, distribution, performance, broadcasting, exhibition, and adaptation of the work." In practice, the creator may directly utilize the right or transfer the economic right to another party through a license agreement or transfer of the right in its entirety. The striking difference between moral rights and economic rights lies in their nature: while moral rights are personal and non-transferable, economic rights can be transferred, inherited, or authorized to third parties, in accordance with the principle of freedom of contract in civil law.
Another significant challenge is the phenomenon of economic rights violations in the digital realm. The rise of piracy of works through torrent sites, illegal copying on social media, to the use of works on digital platforms without a license, is a serious threat to the economic value of copyright. In this case, the normative approach needs to be supported by technical mechanisms and progressive law enforcement. The Indonesian Center for Law & Policy Studies in its 2021 report emphasized the need for digital copyright policy reform so that the country can catch up with technological developments that allow cross-border copyright abuse. They proposed the use of metadata, digital watermarks, and integration with blockchain systems as part of the economic rights protection and tracking system.
Protection of economic rights to copyrighted works can be provided through two main approaches, namely preventive legal protection and repressive legal protection. Preventive protection includes efforts to record copyright at the Directorate General of Intellectual Property, granting written licenses, and the inclusion of copyright notifications. With the recording and license, the creator can mitigate the risk of infringement and clarify the limits of utilization of works by third parties.
Preventive legal protection of the creator's economic rights is intended to prevent infringement from occurring in the first place. Although the copyright system in Indonesia is declarative, ie rights arise automatically since the work is realized, but the state still provides administrative facilities in the form of copyright recording system through the Directorate General of Intellectual Property. This recording is not a condition for the birth of rights, but serves as authentic evidence of ownership of the work in the event of a dispute in the future.
Creators can also make preventive efforts through contractual mechanisms, such as license agreements or publishing contracts. In such agreements, the creator explicitly stipulates the limits of exploitation of his/her work, including the distribution of royalties and the duration of the license. This is important to provide legal certainty for both parties and minimize opportunities for disputes. On the other hand, preventive efforts also include public education on the importance of respecting copyright and understanding the legal sanctions against infringement.
Repressive protection is a form of law enforcement that is carried out after the creator's rights are violated. This protection involves criminal and civil justice mechanisms that aim to provide justice, deterrent effects, and restoration of the creator's economic rights.
In the context of civil law, the creator can file a lawsuit for compensation for losses suffered due to infringement. This suit can be filed with the commercial court, and the creator can use evidence of copyright registration to strengthen his claim. In many cases, the court gives a judgment ordering the infringer to pay compensation according to the value of the loss incurred. Novita and Fauzan
Preventive legal protection is the main approach that is most relevant for digital platforms such as Academia.edu because of its focus on prevention before infringement occurs, which is particularly important in cyberspace. In this context, creators can take steps such as: a) Copyright registration of articles; b) Implementation of licenses; c) Inclusion of watermarks or digital metadata on uploaded documents; d) Understanding platform usage policies Preventive also involves educating academics to understand that uploading an article to an open platform does not mean an automatic waiver of economic rights, and that they have the right to restrict the use of their articles by third parties Preventive seeks to reduce potential losses and maintain a healthy creative ecosystem so Preventive is the best way to avoid financial and moral losses for creators. With awareness and a good system, the number of infringements is expected to be minimized, so that creators can enjoy the economic benefits of their work without having to deal with legal proceedings frequently.
Copyright protection in Indonesia is regulated in Law Number 28 of 2014 concerning Copyright. This law grants exclusive rights to creators and/or copyright holders to publish and/or reproduce their creations. In the digital context, the articles in the Copyright Law still apply, including criminal and civil provisions for infringing parties.
The exclusive rights include moral rights and economic rights that cover the reproduction, distribution, performance, broadcasting, and transformation of works. When these rights are infringed upon in the digital space without authorization, it is a violation of the law. Indonesia is also bound by a number of international treaties governing copyright, such as the Bern Convention, TRIPS, and the WIPO Copyright Treaty. The provisions in these treaties require member states to ensure effective copyright protection, including in the digital environment,
Digital platforms such as YouTube, TikTok, Instagram, Facebook, as well as academic sharing sites such as Academia.edu and ResearchGate are often where copyright infringement occurs. Violations can include unauthorized use of songs, uploading of licensed movies or videos, plagiarism of written works, and rebroadcasting of television shows or digital broadcasts without authorization from the license holder. This condition is not only economically detrimental, but also injures the moral rights of the creator such as the right to be recognized as the creator of the work and the right to maintain the integrity of his work.
From an international law perspective, Indonesia has ratified various conventions governing copyright such as the Bern Convention and the TRIPS Agreement. Attachment to these agreements requires Indonesia to adjust its domestic copyright protection system to align with international standards, including the regulation of copyright infringement on the internet. However, the implementation and enforcement of the law in the field still face major challenges, especially in addressing violations committed cross-border.
One of the legal remedies that can be taken by copyright owners is to take the civil route. In this path, the copyright owner can file a lawsuit in court to claim compensation for losses suffered due to infringement. This process refers to Article 96 of the Copyright Law which states that any person who without rights and/or without the authorization of the creator or copyright holder commits an infringement, shall pay compensation. Filing a civil lawsuit also includes a request to stop infringing activities, confiscation of infringing works, to a request for destruction of infringing goods.
The problem now is when the creators of works and creators of copyrighted works both in the form of journals and books, when they publish their own work whether the creators themselves know the economic rights they should get, if the creators themselves do not know it then this is an issue that must be considered from there the preventive law can apply because prevention involves educating academics to understand that uploading work to an open platform does not mean automatically releasing economic rights.
In the face of copyright infringement, rights owners can take some legal action as follows:
Another legal remedy that can be pursued is through administrative mechanisms. One form is the submission of a takedown notice to digital service providers such as Google, YouTube, or platform managers such as Academia.edu. This process refers to the principles in the Digital Millennium Copyright Act (DMCA) that have been widely adopted in the global platform system. In many cases, takedown notices have proven effective in stopping the circulation of copyright infringing content quickly without having to go through lengthy judicial proceedings.
But the plaintiff must really see whether dispute resolution through arbitration is an appropriate alternative route because if seen from other factors then if Academia edu or copyright infringers who are sued in the dispute resolution is not really in the same city or place with the plaintiff then the plaintiff by itself must incur costs both the cost of accommodation, transportation and others.
As a result of this non-fulfillment of the creator's economic rights, Academia.edu should bear moral and, to some extent, legal responsibility. On the one hand, platforms may argue that they only act as intermediaries, but in practice they also benefit economically from user content.
The protection of creators in this context must be seen not only from the formal legal aspect, but also from the aspects of digital justice and ethics. Scientific works are intellectual products that have high value in building scientific civilization. When the work is used freely and even commercialized without the author's permission, it not only violates the law, but also violates the values of social justice and academic professionalism.
Efforts to hold Academia.edu accountable under formal law in Indonesia have encountered many obstacles, ranging from jurisdiction to limited access to foreign legal systems. A more realistic approach at this time is to raise legal awareness of creators, build internal protection systems in higher education institutions, and urge the government to form regulations that are more adaptive to the development of cross-border digital platforms.
If analyzed from the perspective of copyright protection law, Academia.edu has the potential to violate the economic rights of creators if it makes commercial use of users' uploaded works without permission or compensation. Although users grant a non-exclusive license when uploading works, the validity of the agreement is questionable if it is made without the full understanding of the user. In addition, categorizing the platform as an intermediary cannot be used to absolve liability, as the platform also benefits directly from the utilization of user content.
Academia.edu is liable for the non-fulfillment of creators' economic rights when the platform utilizes users' uploaded works for economic purposes without compensation. Although its existence expands access to knowledge, on the other hand, serious problems arise regarding the protection of creators' economic rights, especially in the context of how Academia.edu obtains and manages distribution permits for works.
This study concludes that Indonesian copyright law provides a normative basis for protecting the economic rights of academic authors whose works are disseminated through digital platforms. However, the existence of legal protection does not automatically establish that every commercial use of uploaded works constitutes copyright infringement. The legality of such use depends on the ownership of the relevant rights, the scope and validity of the applicable license, the nature of the exploitation, and any relevant statutory exceptions. Academia.edu’s liability must therefore be assessed on the basis of its actual contractual authorization, conduct, and the applica ble legal requirements. Commercial activity alone is insufficient to establish infringement or an obligation to compensate authors. Effective protection requires greater transparency in digital licensing, accessible procedures for reporting and removing infringing content, improved copyright awareness among academics, and clearer standards for evaluating platform responsibility. Higher education institutions should also strengthen guidance on copyright ownership and publication agreements. This study contributes a normative framework for assessing the relationship between academic authors’ economic rights and digital platform liability. Its conclusions remain subject to the verification of relevant platform terms, specific acts of exploitation, and applicable legal evidence.
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