BATAS YURIDIS MODIFIKASI DAN KOMERSIALISASI CIPTAAN ORANG LAIN PADA PLATFORM DIGITAL DALAM PERSPEKTIF UNDANG-UNDANG HAK CIPTA

Abstrak

The development of digital platforms provides greater convenience for creating, accessing, modifying, and disseminating various works, while also raising legal issues concerning the limits of using other people's works, particularly when modified works are commercially exploited. This study aims to analyze the legal boundaries of modifying and commercializing other people's works on digital platforms based on Law Number 28 of 2014 on Copyright. This research employs a normative juridical method using statutory, conceptual, and case approaches through library research involving legislation, books, scholarly journals, court decisions, and other relevant legal sources. The discussion shows that modifying another person's work does not automatically make the resulting work free from the exclusive rights of the original creator. Determining copyright infringement requires consideration of the existence of a protected work, the part and substance of the original work used, the degree of modification and creative contribution, permission or licensing, the purpose and commercial nature of the use, its impact on the creator's economic and moral rights, and the applicability of copyright limitations and exceptions. Therefore, the legal boundaries of modification and commercialization are not determined merely by the existence of changes to a work, but by the relationship between the original work, the form of use, the legal basis for such use, the commercial purpose, and its consequences for the creator's rights.