Perlindungan Hukum Atas Foto atau Video Fotografer yang Diunggah di Instagram: Tinjauan Yuridis Terhadap Lisensi yang Diatur pada Syarat Penggunaan Instagram

Abstrak

This article aims to identify the legal protection related to copyright for photos or videos by a photographer that is uploaded to their instagram account and reused by instagram for promotional purposes. This latest provision is governed by the Terms of Use that requires user to provide instagram with license over photos or videos that is royalty-free, transferable, sub-licesinsable, to use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of users’ content. This research uses a normative judicial method with qualitative approach. The materials studied from primary resources (laws and regulations as well as, instagram Terms of Use) and secondary ones (books, journals, media publications) with data collection techniques through literature and document studies on relevant sources. The research found that the non-exclusive license given to Instagram by users covers commercial activities which should be compensated in the for of royalty under the Copyright Law. However, Instagram’s Terms of Use negate this compensation.