KEDUDUKAN SUBJEK YANG DIPOTRET DIUBAH TIDAK SESUAI DENGAN BENTUK ASLI MENURUT UNDANGUNDANG NOMOR 28 TAHUN 2014 TENTANG HAK CIPTA

FITRIA, SUCIANA (2018) KEDUDUKAN SUBJEK YANG DIPOTRET DIUBAH TIDAK SESUAI DENGAN BENTUK ASLI MENURUT UNDANGUNDANG NOMOR 28 TAHUN 2014 TENTANG HAK CIPTA. KEDUDUKAN SUBJEK YANG DIPOTRET DIUBAH TIDAK SESUAI DENGAN BENTUK ASLI MENURUT UNDANGUNDANG NOMOR 28 TAHUN 2014 TENTANG HAK CIPTA.

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Abstract

As the times have impacted technological advances, it affects growth in many fields, including photography. As far as the rights on a photograph is concerned, a photographer, as a copyright holder, possesses executive, moral and economic rights in regard to the photograph he/she produces. However, photographers often overlook the fact that a photographed subject also possesses a right in regard to the photograph. Photographers often edit their photographs without obtaining prior consent or permission from their photographed subjects, when in fact the working relation between a photographer and a photographed subject binds them to an obligation. The writer is thus interested in writing a thesis on the legal position of photographed subject in regard to altered photograph based on the Law No. 28 of 2014 on Intellectual Properties. This thesis employs normative law approach as it focuses on positive legal norms and formal regulations. Secondary data is obtained by conducting interviews with a photographers and a staff of the Ministry of Law and Human Rights, while the source of the primary is Law No. 28 of 2014 on Intellectual Properties. This thesis concludes that the a photographer, as the copyright holder of a photograph, cannot alter a photograph without prior consent of the photographed subject. A photographed subject of an altered photograph, whether the result of the alteration is satisfactory or not, has the right to terminate the working relation with the photographer; for instance by not paying for the service.

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