Electronic Theses and Dissertation

Abstract nurhijriati analysis of regulation and (2023) application of fair use doctrine on the youtube platform (a comparative study of indonesia and united states laws) faculty of law, syiah kuala university (viii, 75) pp., tbl., bibl. ( eka kurniasari, s.h., m.h., llm) youtube has implemented a fair use policy, allowing youtuber to reuse copyrighted material without getting permission from copyright owner under certain categories and limitations. this policy follows us copyright law of 1976, it has clearly parameter of limitations. meanwhile indonesian copyright law has a differently perspective regulations and application fair use in video that upload on the youtube platform, it has less clearly parameters of limitation based on article 43 and 44 of law number 28 of 2014. the purpose of the study is to explain the regulation and application of fair use doctrine on the youtube platform based on indonesia and united states laws, to find out the similarities and differences between the two countries, and to learn on us copyright’s legal rules that can applied in indonesia regarding the regulation and application fair use on the platform youtube. this research uses normative legal method. it focuses on written legal norms. this research uses library research and comparative approach. data for this thesis consists of primary legal authorities, secondary legal authorities and tertiary legal authorities. the data technique used is qualitative analysis. the result of this research shows that indonesia and united states have several similarities because both countries agree the same convention international and the categories of fair use in video that upload on the youtube platform purpose for education, criticism, and knowledge. however differences are also found in indonesia law term fair use is restriction and it has not provide specific regulation and application of fair use doctrine on the youtube platform. indonesia can be learned from the united states regulation similar to us copyright act 1976's four-factor clearly parameter of limitation. there are recommendations for additions and update indonesia copyright law of 2014 regarding application fair use on the youtube platform. additions clearly parameter of limitation such as four factor parameter in section 107 of us the copyright act 1976. update the regulation indonesia provides regulated to measure of the effect of application fair use on the potential market in a video content work for protection economically right from original creation. update the regulation indonesia learn from us has dmca comprehensively legal certainly to resolve dispute fair use case. it easier for judges to resolve fair use cases. legal adviser and judge determination parameter of limitation fair use based four factor in section 107 of copyright act 1976.

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