Fair Use for Educational Purpose: Prospects and Challenges in Indonesia Chrisna Bagus Edhita Praja1, Budi Agus Riswandi2, Sri Wartini3, Hary Abdul Hakim4
1 Doctoral Program, Faculty of Law, Universitas Islam Indonesia, Yogyakarta, Indonesia
1,4 Faculty of Law, Universitas Muhammadiyah Magelang, Magelang, Indonesia
2,3 Faculty of Law, Universitas Islam Indonesia, Yogyakarta, Indonesia
Abstract
The issuance of Copyright Law Number 28 of 2014 is a milestone in the enforcement of Copyright law in Indonesia. Copyright limitation provisions (in the US known as fair use) balance the exclusive rights of the Author with the right to use the Works by the public, especially in the field of Education. This study reveals the prospects and challenges of implementing fair use in the field of education. The research was conducted using a normative juridical method through a law approach and a concept approach. The results show that in Indonesia, the provision of fair use is still the hope of educators and students, considering that Indonesia is a country with a low level of education and still needs reference sources, both public domain status and copyright. The challenges faced in the implementation of fair use in Indonesia are related to the provisions of the Copyright Law which do not have legal certainty for both users and creators. As a country based on law, the terms ^Substantial portion^ and ^reasonable interest of the creator^ in the Indonesian Copyright Act 2014 create legal uncertainty for both users and creators. For this reason, a legal reconstruction of the Copyright Law is needed with the terms ^substantial part^ and ^reasonable interest of the author^ in the Indonesian Copyright Act 2014 create legal uncertainty for both users and creators. For this reason, a legal reconstruction of the Copyright Law is needed with the terms ^substantial part^ and ^reasonable interest of the author^ in the Indonesian Copyright Act 2014 create legal uncertainty for both users and creators. For this reason, a legal reconstruction of the Copyright Law is needed.
Keywords: Fair Use Doctrine- Copyrighted Material- Educational Purpose- Legal Aspect
