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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