Copyright Protection of Podcast-Based Audiobooks Adapted by Third Party Without Permission on Digital Platform Based on Indonesian Positive Law

Salma Alifya Khairunnisa, R. Permata, S. Sudaryat
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引用次数: 1

Abstract

Podcasts are basically digital audio content that is much loved by the public and audiobooks become one of the contents that have recently been incorporated into podcast content on a digital platform. The presence of this podcast-based audiobook raises a new problem in copyright related to its adaptation. This study aims to examine legal protection regarding podcast-based audiobooks from the perspective of copyright based on Indonesian Copyright Law and ITE Law. Furthermore, this study was also conducted to analyze the act of adapting books into podcast-based audiobooks on a digital platform carried out by content creators without the permission of the creators or copyright holders. This study uses normative juridical approach with descriptive specifications. The normative juridical approach is carried out by exploring legal theories and principles as well as applicable laws and regulations. This study describes legal problems that occur in society and is analyzed based on the applicable laws and regulations. The result of the study shows that copyright protection for podcast-based audiobook content has been regulated in several articles in the Copyright Law, including Article 40 paragraph (1) and Article 9 paragraph (1) regarding the right to adapt a creation. In addition, the act of adapting and uploading without permits made by content creators on a digital platform is considered to have violated the provisions of Article 9 of the Copyright Law and Article 25 of the ITE Law. 
基于印尼实在法的第三方未经许可在数字平台上改编播客有声读物的版权保护
播客基本上是受公众喜爱的数字音频内容,有声书成为最近在数字平台上被纳入播客内容的内容之一。这种基于播客的有声书的出现提出了一个与改编相关的新版权问题。本研究旨在以印尼著作权法与资讯科技法为基础,从著作权的角度检视播客有声书的法律保护。此外,本研究还分析了内容创作者在未经创作者或版权所有者许可的情况下,在数字平台上将书籍改编成基于播客的有声读物的行为。本研究采用规范性的法律方法与描述性规范。规范性司法方法是通过探索法律理论和原则以及适用的法律法规来进行的。本研究描述了社会上发生的法律问题,并根据适用的法律法规进行分析。研究结果表明,基于播客的有声书内容的版权保护在《著作权法》的若干条款中都有规定,包括第40条第(1)款和第9条第(1)款关于改编创作的权利。此外,内容创作者未经许可在数字平台上进行改编、上传的行为,也违反了《著作权法》第九条和《信息产权法》第二十五条的规定。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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