Can we imitate or use other people’s content?

Social media is a platform that is very popular with all people in Indonesia. Almost everyone has a social media account and uses it every day. There are many benefits that we can get from using social media, apart from entertainment, many people use social media for their business, some even use social media for their livelihoods. Because being a content creator is considered cool by young people, many young people today aspire to be content creators, such as Celebgram, YouTubers or TikTokers.

But did you know that to become a content creator, there are several things that must be considered so as not to violate the rules contained in the law. What we’re going to talk today is “can you imitate or use content from other content creators?”.

Imitate or using content from other content creators content without the owner’s permission is an act of plagiarism that violates copyright because content on digital platforms such as YouTube, Instagram and TikTok can be called creations and content creators are creators. The creator of a work also gets copyright to protect his creation. The copyright law is law number 28 of 2014.

The definition of copyright, creator and creation can be seen in Law number 28 of 2014 article 1 paragraph 1 to 3.

1. Copyright is the exclusive right of an author that arises automatically based on the declarative principle after a work has been manifested in a tangible form without reducing restrictions in accordance with the provisions of laws and regulations.

2. Creator is a person or persons who individually or collectively produce a unique and personal creation.

3. A work is any creative work in the fields of science, art and literature that is produced based on inspiration, ability, thought, imagination, dexterity, skill or expertise which is expressed in a tangible form.

Because a creation is a monopoly right owned by the creator, all creators have economic rights as regulated by the copyright law, so the law article 9 paragraphs 1 to 3

(1) Creators or Copyright Holders as referred to in Article 8 have economic rights to:

a. publishing of works;

b. Reproduction of work in all its forms;

c. translation of Works;

d. adapting, arranging, or transforming the work;

e. Distribution of Works or copies thereof;

f. performance of Creation;

g. Announcement of Works;

h. Communication of Creation; and

i. leasing a work.

(2) Every person exercising economic rights as referred to in paragraph (1) must obtain permission from the Author or Copyright Holder.

(3) Any person without permission from the Creator or Copyright Holder is prohibited from carrying out reproduction and / or commercial use of the work.

The conclusion that we can get is  making content by using / imitating other people’s published content with the aim of benefiting from the content can be subject to criminal sanctions if there is a complaint from the person who holds the copyright of the content. Even though this violation is a complaint offense which will not be penalized if no party reports it but as a content creator it would be better if you create your own content with your own creative abilities or ask permission from the copyright owner if you want to use / imitate the content so that it is separated from violation of the law.

Sources:

INDONESIAN LAW NUMBER 28 YEAR 2014 CONCERNING COPYRIGHT

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