The Importance of Copyright Awareness in the Digital Era

Oct 13, 2025 by wbrum.org 13 views

Legal Protection for Photographic Work: Examining the Surabaya District Court's Decision in Commercialization Cases without Permission

Introduction

Portrait photography, which displays human objects, both individuals and groups, has high art and personal value. This is stated in Law Number 28 of 2014 concerning Copyright, which defines portraits as photography with human objects (Article 1 number 10). However, what if the portrait is used for commercial purposes without permission from copyright owners? This article will discuss legal protection for photography works, especially in the context of commercialization without permission, using a case study of the Surabaya District Court Decision Number 10/IPR/Copyright/2014/PN. Niaga SBY as a concrete example.

Commercialization without Permission: Serious Copyright Violations

The use of portraits for commercial purposes, such as advertising or billboards, without written permission from copyright owners is a serious violation of copyright. This is categorized as an act of commercialization of photographic work without permission, which includes commercial use, doubling, announcement, distribution, or communication of portraits made for commercial purposes. The commercialization of photographic work without permission can have severe consequences, including financial losses and damage to reputation.

Copyright Dispute Settlement: Litigation and Non-Litigation Pathway

When there is a copyright dispute related to the commercialization of photographic work without permission, there are two channels that can be taken:

Litigation:

This pathway involves a court institution as the authorized party to decide on the case. The court will examine the evidence presented by both parties and make a decision based on the law. The litigation pathway can be time-consuming and costly, but it provides a clear and binding decision.

Non-Litigation:

This pathway involves resolving disputes outside the court, such as through alternative dispute resolution (ADR) or arbitration. The non-litigation pathway can be faster and less costly than litigation, but it may not provide a binding decision.

Decision of Surabaya District Court: Affirmation of Copyright Protection

In the decision of the Surabaya District Court Number 10/IPR/Copyright/2014/PN.SBY, the judge decided that the Defendant had violated the Copyright of the Plaintiff by using a picture/photo of the Plaintiff without permission. This refers to Article 12 paragraph (1) of Law Number 28 of 2004 concerning Copyright, which confirms that the use of copyright work for commercial purposes without permission from copyright owners is a violation of the law.

Legal Consequences: Compensation and Other Sanctions

The use of portraits without permission can be fatal for perpetrators of violations, because they can be subject to legal sanctions, including:

Compensation:

The disadvantaged party can demand compensation for losses experienced by copyright violations, such as loss of profits and reputation. This is regulated in Article 96 paragraph (1), paragraph (2), and paragraph (3) of Law Number 28 of 2014 concerning Copyright.

Criminal Sanctions:

In certain cases, perpetrators of copyright violations can be subject to criminal sanctions in the form of fines and/or prison confinement, in accordance with the provisions of Article 115 of Law Number 28 of 2014 concerning Copyright.

The Importance of Copyright Awareness in the Digital Era

The digital era further facilitates access and use of photography works, but also increases the potential for copyright violations. Therefore, awareness and understanding of copyright is very important, both for the owner of photography and users. Ensuring written permission before using photography for commercial purposes is an important step to avoid legal disputes and maintain the integrity of the world of photography.

Conclusion

Through a case study of the Surabaya District Court decision, we can see how the law provides protection for photography and affirmation that every use of photography for commercial purposes must obtain official permission from copyright owners. Thus, the world of photography can develop well, accompanied by respect for copyright and adequate legal protection.

Recommendations

Awareness and Understanding of Copyright: It is essential for both photographers and users to be aware of copyright laws and regulations.
Obtaining Written Permission: Before using photography for commercial purposes, it is crucial to obtain written permission from copyright owners.
Respecting Copyright: Respecting copyright is essential for maintaining the integrity of the world of photography.
Seeking Professional Advice: If there is a copyright dispute, it is recommended to seek professional advice from a lawyer or a copyright expert.

By following these recommendations, photographers and users can avoid legal disputes and maintain a respectful and fair environment for the world of photography.
Frequently Asked Questions (FAQs) about Legal Protection for Photographic Work

Q: What is the definition of a portrait in the context of copyright law?

A: According to Law Number 28 of 2014 concerning Copyright, a portrait is defined as a photography with human objects (Article 1 number 10).

Q: What is the difference between commercial and non-commercial use of photographic work?

A: Commercial use refers to the use of photographic work for financial gain, such as advertising or billboards, while non-commercial use refers to the use of photographic work for personal or educational purposes.

Q: Can I use a photograph without permission if I am using it for non-commercial purposes?

A: While non-commercial use may not require permission, it is still essential to respect the copyright owner's rights. However, if you are using the photograph for educational or personal purposes, you may be able to use it under the fair use doctrine.

Q: What are the consequences of using a photograph without permission?

A: The consequences of using a photograph without permission can include financial losses, damage to reputation, and even criminal sanctions in severe cases.

Q: How can I obtain permission to use a photograph?

A: To obtain permission to use a photograph, you can contact the copyright owner directly or use a licensing service. Make sure to obtain written permission and understand the terms and conditions of the license.

Q: What is the role of the court in resolving copyright disputes?

A: The court plays a crucial role in resolving copyright disputes by examining the evidence presented by both parties and making a decision based on the law.

Q: Can I resolve a copyright dispute outside of court?

A: Yes, you can resolve a copyright dispute outside of court through alternative dispute resolution (ADR) or arbitration.

Q: What are the benefits of respecting copyright?

A: Respecting copyright is essential for maintaining the integrity of the world of photography. It also helps to prevent financial losses and damage to reputation.

Q: How can I ensure that I am respecting copyright?

A: To ensure that you are respecting copyright, make sure to obtain written permission before using a photograph, understand the terms and conditions of the license, and respect the copyright owner's rights.

Q: What are the consequences of violating copyright?

A: The consequences of violating copyright can include financial losses, damage to reputation, and even criminal sanctions in severe cases.

Q: Can I use a photograph if I am unsure about the copyright status?

A: If you are unsure about the copyright status of a photograph, it is best to err on the side of caution and avoid using it. You can also seek professional advice from a lawyer or a copyright expert.

Q: How can I protect my own photographic work from copyright infringement?

A: To protect your own photographic work from copyright infringement, make sure to register your work with the relevant authorities, use a copyright notice, and monitor your work for any unauthorized use.

Q: What are the benefits of registering my photographic work with the relevant authorities?

A: Registering your photographic work with the relevant authorities provides proof of ownership and can help to prevent copyright infringement.

Q: How can I monitor my photographic work for any unauthorized use?

A: To monitor your photographic work for any unauthorized use, you can use online tools, such as Google Alerts, or work with a copyright monitoring service.

By understanding these FAQs, you can better navigate the complex world of copyright law and protect your rights as a photographer or user of photographic work.