PELAKSANAAN PEMOTRETAN DIRI SESEORANG TANPA IZIN UNTUK KEPENTINGAN KOMERSIAL (STUDI PUTUSAN MA NO. 262.K.PDT.SUS/HKI/2016)

Abstract

Copyright is the exclusive right of a creator that arises automatically based on declarative principles after a creation is realized in a tangible form without reducing restrictions in accordance with the provisions of laws and regulations. The results of the discussion the photographer or the person using the portrait whose subject is a human for commercial purposes must first obtain permission from the person being photographed to be able to use the portrait for commercial purposes, so that the photographer and the person using the portrait do not commit an unlawful act. Legal analysis of Supreme Court Decision No. 262.K.PDT.SUS/HKI/2016 which decided that Siloam Hospital had committed an unlawful act in terms of Law no. 29 of 2014 concerning Copyright is based on paragraph 1 of Article 12 where every photo taken by the photographer with a human object must obtain prior permission from the person being photographed.