In today’s digital era, people are faced with world technology that is able to connect people with other communities through social media using internet. All information can be easily obtained through social media. One of the most popular social media by public today is Instagram. Through Instagram, each user can easily get information about everything from information on economic, politic, traffic, job vacancies and so on, even Instagram user can also share information about daily activities in photo or video for other users.
Moreover, for some people, Instagram is used as a source of income. Besides selling goods or services, for Instagram users who have a large number of followers, Instagram can be used as a facility for them to sell support services.
As a platform that regulates the sharing of photo and video content, many users share photos and videos as well and as interesting as possible to increase the number of followers on Instagram. However, not a few also users who repost (repost) content both photos and videos taken from other people’s Instagram. For example, many Instagram accounts repost movie trailer content, film trailer or other videos taken from YouTube, so followers don’t need to be opened by the official account owner of the film or video, but can see through Instagram that reposts the movie trailer or video.
Based on the above description, then the problem arises whether the activity of reposting movie trailer, film trailer or other people’s videos taken from Youtube is a violation of Copyright?
Before discussing the matter, it is necessary to discuss Copyright in accordance with Law No. 28 year 2014 concerning Copyright (UUHC) is the creator’s copyright which arises automatically based on declarative principles, after a creation is made as desired without being adjusted in accordance with the provisions of the regulations. Simply stated, Copyright is a right granted by creator for his/her creation in the fields of art, literature and science, this right arises automatically after the creation is made in tangible form.
Exclusive rights in copyright consist of moral rights and economic rights of the creator. Moral rights according to Article 5 of the UUHC are the rights inherent in yourself the Creator to:
a. keep listing or not listing permission at the time of making it;
b. use the alias or pseudonym;
c. change his/her Creation in accordance with propriety in society;
d. change the title and subtitle of the Work; and
e. Defend their rights in the event of Distortion of Work, mutilation of Work, modification of Work, or things that enhance self-respect or reputation.
Moral rights cannot be transferred as long as the Creator is still alive, but the exercise of those rights can be transferred with a will or other cause in accordance with statutory provisions after the Author decides the world. Meanwhile, the economic right of the creator based on Article 8 of the Copyrights law is the exclusive right of the creator or copyright holder to obtain economic benefits from the work.
The activity of reposting content in general Instagram about happiness as long as this does not endanger the original content owner (the creator), furthermore on the basis of the application used to repost already include the name of the creator account that produced this content as a gift for the moral creator’s rights. However, this activity can be categorized as violating the compilation and does not include the name of the creator of the content that will harm the creator, furthermore there are commercial improvements made by the account that reposts the content in question with the creator’s copyright.
However, arguing that by reposting the contents of movie footage, movie trailers and other people’s videos taken from Youtube, this activity can be categorized as against Copyright, because in relation to the account reposting this content must include the source of the content, however, it causes losses to the creators of the Youtube movies and videos because more Instagram users will see the content from the reposted account, and not see the video from the creator’s account which causes harm to the creator. Then it can be categorized, that the account that reposts the content has been approved by creator’s Economic Rights and may be subject to sanctions in accordance with Article 113 of the UUHC which approves it:
Any person who without the rights and/or without permission of the Author or the Copyright holder to transfer the economic rights of the Author agrees to Article 9 paragraph (1) letter a, letter b, letter e, and/or letter g for commercial use shall be liable to a prison term a maximum of 4 (four) years and/or imprisonment of a maximum fine of IDR1,000,000,000.00 (one billion rupiah).
Based on the aforementioned Article, if someone using the work as well as the creation, duplication of the work in all its forms, distribution of the work or copy and the announcement of the work with commercial purposes, without permission to the creator, then it is violates creator’s economics rights and may be subject to imprisonment maximum 4 (four) years and/or a maximum fine of up to IDR1,000,000,000.00 (one billion rupiah).
In addition, creators who have economic rights that have also been violated have the right to get compensation from parties whose rights have been approved in this case to those who have reposted the creator’s content, which is supported in Article 96 of the UUHC intended for “Creator, winner the copyright and/or the holder of the relevant rights or heirs who have lost their economic rights are entitled to compensation. Compensation given and stated in the court decision regarding criminal acts of Copyright and/or Related Rights ”
Moreover, if repost perpetrator does not listed the source of the posted content, then the repost perpetrator has vioalted the moral creator’s rights. Copyrights Law 2014 did not approve penalties for violating moral rights. However, creators whose moral rights have been violated can request a civil suit based on unlawful actions.
Thus, it supports social media users to be more careful against wanting to repost other people’s creations by asking permission from the creators because the creators’ creations must be protected by Copyright and also in order to avoid the claims requested by creators.