Doktrin Safe Harbor: Upaya Perlindungan Hak Cipta Konten Dalam Platform User Generated Content

Abstract

Along with the rapid development of technology, social media platforms can be used to sharpen human creativity by uploading opinions, images, videos, sounds and so on as a form of user copyright. A digital platform that actively invites its users to upload copyrighted content is called the User Generated Content Platform ("UGC"). UGC's social media accounts are vying to be judged viral, so few accounts are 'stealing' content instead of his work in order to gain that reputation. Furthermore, the account is used commercially using a paid promote system or paid promotional services. This phenomenon often occurs on Instagram platforms with paid promotional systems that take Twitter content without permission. The purpose of this writing is to know the legal protection in the content of Twitter's UGC platform which is re-uploaded and monetized with a paid promotion system without rights on Instagram by Indonesian copyright law. Furthermore, the author carries the idea of providing protection to the UGC platform by applying the safeharbor doctrine in the event of copyright infringement by users of the platform. In reviewing this study, the authors used normative juridical approach methods, by examining literature as the main research material. The results of this study found that Twitter's re-uploaded and monetized User Generated Content platform content with a paid promotion system on Instagram has been protected by Indonesian copyright law in accordance with Law No. 28 of 2014 on Copyright reaffirmed in accordance with the safe Harbor doctrine contained in the Circular of the Minister of Communication and Informatics No. 5 of 201 on Restrictions on Responsibility of Platform Providers and Merchants of Electronic Commerce in the form of UGC.