Lily Triyana
Universitas Mulawarman

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Journal : JIPRO : Journal Of Intellectual Property

PERLINDUNGAN HAK CIPTA SENIMAN ATAS PEMBAJAKAN ILUSTRASI DIGITAL DALAM BENTUK NON-FUNGIBLE TOKEN Enggal Triya Amukti; Erna Susanti; Lily Triyana
JIPRO: Journal of Intellectual Property JIPRO, Vol. 6, No.2, 2023
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/jipro.vol6.iss2.art4

Abstract

The development of technology nowadays seems to reach all aspects of life, includes the realm of art, especially digital illustration. However, these developments were not followed by regulatory developments so that there was a legal vacuum in them. This study is intended to analyze the legal vacuum of limiting an act that can be categorized as piracy and legal protection for the creator of the piracy of digital illustrations which are tokenized in the form of NFT using doctrinal research methods. Based on the results of the study, it is concluded that the Standard of Copyright Ability and substantial similarity can be used as criteria for piracy of digital illustrations. There are still vacancies in the regulations regarding the limitations of piracy of a work and the provisions governing NFT. The copyright protection system for digital illustrations in the current regulations consists of preventive and repressive protection. Due to this legal vacuum, it is hoped that regulation about NFT and fine art can be added, and awareness of all parties can be made to avoid infringement of other people's copyrights. Keywords: Digital Illustration, Copyright, NFT