Legal Protection of the Moral Rights of National Film Creators Uploaded Without Permission on TikTok Social Media
), Theresia Nolda Agnes Narwadan(2), Muchtar Anshary Hamid Labetubun(3)
(1) Faculty of Law, Universitas Pattimura, Ambon, Indonesia
(2) Faculty of Law, Universitas Pattimura, Ambon, Indonesia
(3) Faculty of Law, Universitas Pattimura, Ambon, Indonesia
Corresponding Author
Abstract
Introduction: The development of technology in this era has certainly made many platforms created, one of which is TikTok. Film is one of the copyrighted works that is included in the category of cinematographic works protected by Law Number 28 of 2014 concerning Copyright. On this platform, users can upload a variety of content from the results of user creativity.
Purposes of the Research: Analyzing the legal protection of the moral rights of national film creators uploaded without permission on TikTok social media.
Methods of the Research: The research method used is normative research, statutory approach, primary and secondary legal materials and material collection procedures using literature studies. the approaches used are: statute approach, conceptual approach, and casus approach. The technique of searching for legal materials uses document study techniques, and analyzes the study using qualitative analysis.
Findings of the Research: Research shows that protection related to the moral rights of national film creators uploaded on the TikTok application without the creator's permission is by providing sanctions to violators as contained in Law Number 28 of 2014 concerning Copyright and related to the settlement of moral rights disputes for national film creators uploaded without permission can be done in two ways, namely litigation and non-litigation. For the litigation route, the dispute can be resolved in court, while for non-litigation, the settlement can be through alternative dispute resolution which includes mediation, conciliation and negotiation and the most effective settlement in this problem is through the litigation route so that it can have a deterrent effect.Keywords
DOI
10.47268/tatohi.v5i3.3156
Published
2025-05-31
How To Cite
@article{TATOHI3156,
author = {Vivi Talaperuw and Theresia Narwadan and Muchtar Labetubun},
title = {Legal Protection of the Moral Rights of National Film Creators Uploaded Without Permission on TikTok Social Media},
journal = {TATOHI: Jurnal Ilmu Hukum},
volume = {5},
number = {3},
year = {2025},
keywords = {Legal Protection; Moral Rights; Creators.},
abstract = {Introduction: The development of technology in this era has certainly made many platforms created, one of which is TikTok. Film is one of the copyrighted works that is included in the category of cinematographic works protected by Law Number 28 of 2014 concerning Copyright. On this platform, users can upload a variety of content from the results of user creativity.Purposes of the Research: Analyzing the legal protection of the moral rights of national film creators uploaded without permission on TikTok social media.Methods of the Research: The research method used is normative research, statutory approach, primary and secondary legal materials and material collection procedures using literature studies. the approaches used are: statute approach, conceptual approach, and casus approach. The technique of searching for legal materials uses document study techniques, and analyzes the study using qualitative analysis.Findings of the Research: Research shows that protection related to the moral rights of national film creators uploaded on the TikTok application without the creator's permission is by providing sanctions to violators as contained in Law Number 28 of 2014 concerning Copyright and related to the settlement of moral rights disputes for national film creators uploaded without permission can be done in two ways, namely litigation and non-litigation. For the litigation route, the dispute can be resolved in court, while for non-litigation, the settlement can be through alternative dispute resolution which includes mediation, conciliation and negotiation and the most effective settlement in this problem is through the litigation route so that it can have a deterrent effect.},
issn = {2775-619X}, pages = {153--161} doi = {10.47268/tatohi.v5i3.3156},
url = {https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/3156}
}
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| Dublin Core | PKP Metadata Items | Metadata for this Document | |
| 1. | Title | Title of document | Legal Protection of the Moral Rights of National Film Creators Uploaded Without Permission on TikTok Social Media |
| 2. | Creator | Author's name, affiliation, country | Vivi Talaperuw; Faculty of Law, Universitas Pattimura, Ambon; Indonesia |
| 2. | Creator | Author's name, affiliation, country | Theresia Nolda Agnes Narwadan; Faculty of Law, Universitas Pattimura, Ambon; Indonesia |
| 2. | Creator | Author's name, affiliation, country |
Muchtar Anshary Hamid Labetubun; Faculty of Law, Universitas Pattimura, Ambon; Indonesia |
| 3. | Subject | Discipline(s) | |
| 3. | Subject | Keyword(s) | Legal Protection; Moral Rights; Creators. |
| 4. | Description | Abstract | Introduction: The development of technology in this era has certainly made many platforms created, one of which is TikTok. Film is one of the copyrighted works that is included in the category of cinematographic works protected by Law Number 28 of 2014 concerning Copyright. On this platform, users can upload a variety of content from the results of user creativity.Purposes of the Research: Analyzing the legal protection of the moral rights of national film creators uploaded without permission on TikTok social media.Methods of the Research: The research method used is normative research, statutory approach, primary and secondary legal materials and material collection procedures using literature studies. the approaches used are: statute approach, conceptual approach, and casus approach. The technique of searching for legal materials uses document study techniques, and analyzes the study using qualitative analysis.Findings of the Research: Research shows that protection related to the moral rights of national film creators uploaded on the TikTok application without the creator's permission is by providing sanctions to violators as contained in Law Number 28 of 2014 concerning Copyright and related to the settlement of moral rights disputes for national film creators uploaded without permission can be done in two ways, namely litigation and non-litigation. For the litigation route, the dispute can be resolved in court, while for non-litigation, the settlement can be through alternative dispute resolution which includes mediation, conciliation and negotiation and the most effective settlement in this problem is through the litigation route so that it can have a deterrent effect. |
| 5. | Publisher | Organizing agency, location | Faculty of Law Pattimura University |
| 6. | Contributor | Sponsor(s) | Universitas Pattimura |
| 7. | Date | (YYYY-MM-DD) | 2025-05-31 |
| 8. | Type | Status & genre | Peer-reviewed Article |
| 8. | Type | Type | |
| 9. | Format | File format | |
| 10. | Identifier | Uniform Resource Identifier | https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/3156 |
| 10. | Identifier | Digital Object Identifier | 10.47268/tatohi.v5i3.3156 |
| 11. | Source | Title; vol., no. (year) | TATOHI: Jurnal Ilmu Hukum; Volume 5 Issue 3, May 2025 |
| 12. | Language | English=en | en |
| 13. | Relation | Supp. Files | |
| 14. | Coverage | Geo-spatial location, chronological period, research sample (gender, age, etc.) | |
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Copyright (c) 2025 Vivi Talaperuw, Theresia Nolda Agnes Narwadan, Muchtar Anshary Hamid Labetubun
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