Fair use is defined as the use of copyrighted material for transformative and limited purposes, or the limited use of copyrighted works without the permission of the rights holder.
The sound of Article 44 paragraph (1) of the Copyright Law :
The use, reproduction, duplication, and/or modification of a Creation and/or related rights product, in whole or in part, that is substantial, shall not be considered a violation of Copyright if the source is mentioned or fully cited for the purposes of:
- Education, research, writing of scientific works, preparation of reports, writing critiques or reviews of an issue without harming the legitimate interests of the Creator or Copyright Holder;
- Security and the administration of government, legislation, and justice;
- Lectures solely for educational and scientific purposes; or
- Performances or shows that are not charged for, provided they do not harm the legitimate interests of the creator.
What is meant by “a substantial part” mentioned above refers to the most important and unique aspects of a creation. On the other hand, “the legitimate interests of the creator or copyright holder” in that article are interests based on the balance in enjoying the economic benefits of the creation.
The United States establishes standards for the use of creations that are considered to fall under fair use, including:
- The purpose of the use, whether for commercial or academic purposes;
- The characteristics of the creation itself;
- The amount and significance of the portion used; and
- The impact of the use on the market and its value.
Based on all this, it can be concluded that what is meant by “reasonable interests” refers to interests related to the economic interests of the creator or copyright holder, namely the fair profit that should be received by the creator or copyright holder for their creation.
Legal Basis:
Law Number 28 of 2014 on Copyright
Reference:
Hukumonline.com