KONSTRUKSI PERTIMBANGAN HUKUM HAKIM PENGADILAN NIAGA DALAM MENYELESAIKAN SENGKETA HAK CIPTA ATAS POTRET (Studi Pada Putusan Pengadilan Niaga Surabaya No.10/HKI/Hak Cipta/2014/ PN.Niaga Sby jo Putusan Mahkamah Agung No 262 K/Pdt.Sus-HKI/2016)
| Main Author: | Mahendra, Alen |
|---|---|
| Format: | Thesis NonPeerReviewed Book |
| Bahasa: | eng |
| Terbitan: |
, 2018
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| Subjects: | |
| Online Access: |
http://eprints.umm.ac.id/43315/1/Pendahuluan.pdf http://eprints.umm.ac.id/43315/2/BAB%20I.pdf http://eprints.umm.ac.id/43315/3/BAB%20II.pdf http://eprints.umm.ac.id/43315/4/BAB%20III.pdf http://eprints.umm.ac.id/43315/5/BAB%20IV.pdf http://eprints.umm.ac.id/43315/6/Lampiran.pdf http://eprints.umm.ac.id/43315/ |
Daftar Isi:
- The Copyright Law brings new advances in copyright protection. This study will be devoted copyright-related cases in the form of pictures / portraits in which the case has been decided in trial. The problem studied “How construction of legal considerations a commercial court judge in resolving the copyright holder's dispute over the photo / portrait, reviewed from act number 28 of 2014 on Copyright in case of the Surabaya Commercial Court Judgement No.10 / HKI / COPYRIGHT / 2014 / PN NIAGA SBY jo Verdict of Supreme Court No. 262 K / Pdt.Sus-HKI / 2016 ?". The author uses a normative approach method. Primary data sources are obtained from the law, secondary data sources obtained from law books, tertiary data from the encyclopedia of law, and technique of collecting data in the form of literature study. The research data were analyzed by descriptive qualitative. Based on the result of the research, it can be concluded the legal basis of Plaintiff filed a claim is the act of the defendant deemed by the claimant has infringed copyright in article 12 section 1 of copyright law. The authors disagree with the judges who give the consideration that the work agreement and corporate rules agreed by the Plaintiff and Defendant should be ruled out as explained in article 36 of copyright law that the copyrights holder's in a work created in work relationship is the one who create the creation, in this case is the company. The work agreement / corporate regulation in article 17 also explains that the defendant is the copyright holder. In this case, the judges should include a work agreement or company regulation in its legal considerations to know more the position and the rights and obligations between the plaintiff and the defendant.