PERLINDUNGAN HUKUM TERHADAP SUBJEK DALAM POTRET YANG DIUNGGAH KE AKUN MEDIA SOSIAL

Abstract This research entitled “Legal Protection of Subject in Portrait Uploaded to Social Media Accounts” discussed that portrait is one of sectors that get legal protection of copyright. Economic right of portrait regulated in article 12 act no. 28 year 2014 concerning copyright emphasized that for commercial use, portrait’s creator should have permission from person that being an object of their portrait. Despite that, in act no. 28 year 2014 concerning copyright the parameters of portrait used as the commercial use is not clearly regulated. Then, it is necessary to be discussed about what is the legal protection of subject in the portrait and is it illegal or not if someone uploaded portrait to social media without permission of the person that being an object of that portrait. Purposes of this research are to understand the legal protection of subject in the portrait and to know whether illegal or not if someone uploaded portrait to social media without permission of the person that being an object of that portrait. This research uses normative legal research method by examining civil code and act no. 28 year 2014. In terms of photographer wants the economic right of their portrait that uploaded on their social media accounts, should have permission from person in the portrait with an agreement called model release. And if someone uploaded portrait without permission of the person that being an object of that portrait, it is a violation of the law. Key words: Potrait, copyright, economic right, social media