Recommendations for Photographers and Photo Subjects

Oct 13, 2025 by magicalceylontours.com 32 views

In the digital age, the photography industry has experienced rapid growth, with the increasing demand for high-quality images in various fields, including advertising, fashion, and media. However, this growth has also raised concerns about the use of photography for commercial purposes, particularly with regards to the protection of individuals who are photographed. Law Number 28 of 2014 concerning Copyright provides a crucial legal framework for copyright protection, including photography works. This article will delve into the juridical analysis of legal protection of people photographed in photography, as well as the responsibilities of photographers based on applicable legal provisions.

Copyright Arrangement in Photography: Understanding the Basics

Copyright, in the context of photography, is an exclusive right that is automatically granted to the Creator after the work is realized in real form. This is stated in the articles in the Copyright Act, which regulates in detail the rights and obligations of the creator, including photographers. According to Article 115, copyright violations can occur if a photography work is used without permission, especially for commercial purposes. The use of photos involving human subjects for commercial purposes requires permission from the photographed individuals, as stipulated in Law Number 28 of 2014.

The provision aims to protect individual rights and prevent actions that can harm the parties described in the photo. This is a critical aspect of copyright law, as it recognizes the value of human subjects in photography and ensures that their rights are respected. In practice, this means that photographers must obtain permission from the individuals who are photographed before using their images for commercial purposes.

Photographer's Responsibility in Using Photos for Commercial Purposes: A Written Agreement is Key

Photographers who intend to use their work for commercial purposes are required to get permission from the person who are photographed. In practice, this is usually outlined in the form of written agreements governing the rights and obligations of both parties, including royalties payments to individuals who are photographed. The existence of this agreement becomes very important to avoid legal disputes in the future.

For instance, if a photographer intends to use a person's photo in an advertisement without their permission, they may be liable for copyright infringement. This can result in significant financial losses and damage to the photographer's reputation. On the other hand, if the photographer obtains permission from the individual and prepares a written agreement, they can avoid such risks and ensure that their rights are protected.

Concrete Cases: The Importance of Written Agreements

In concrete cases, the importance of written agreements is evident. For example, Siloam Hospital used a person's photo without obtaining permission or making a written agreement beforehand. This action is considered to violate Article 12 paragraph 1 of the Copyright Law, where the rights of individuals who are photographed are not respected. The decision of the Supreme Court confirms that the action is an act against the law and can be subject to sanctions.

This case highlights the importance of written agreements in protecting the rights of individuals who are photographed. By obtaining permission and preparing a written agreement, photographers can ensure that their rights are respected and that they are not liable for copyright infringement.

Legal Protection for Photo Subjects: A Right to Protect Their Image and Integrity

Through the Copyright Act, the photographed individuals have the right to protect their image and integrity. This means that they are not only entitled to get royalty payments, but must also be involved in the decision process about how the photo is used. This protection is very important, especially in a commercial context that can affect a person's reputation or image.

For instance, if a person is photographed for a commercial advertisement, they may have the right to review the final product and ensure that their image is not used in a way that is detrimental to their reputation. This right is essential in protecting the individual's image and integrity, and it is a critical aspect of copyright law.

Conclusion: The Importance of Legal Protection in the Digital Age

In a fast-paced digital era, legal protection for people photographed in photography for commercial use is very important. Law Number 28 of 2014 provides a clear legal framework in regulating the relationship between photographers and photographed individuals. By obtaining permission and preparing a written agreement, both photographers and photo subjects can be protected from legal risks that may arise due to the use of photography.

Therefore, a good understanding of the rights and obligations in the world of photography is very important to avoid disputes and violations of law in the future. This article has provided a comprehensive analysis of the juridical aspects of legal protection of people photographed in photography, and it highlights the importance of written agreements in protecting the rights of individuals who are photographed.

Recommendations for Photographers and Photo Subjects

Based on the analysis provided in this article, the following recommendations can be made:

Photographers must obtain permission from the individuals who are photographed before using their images for commercial purposes.
Written agreements must be prepared to govern the rights and obligations of both parties, including royalties payments to individuals who are photographed.
Photo subjects must be involved in the decision process about how the photo is used, and they must have the right to review the final product.
A good understanding of the rights and obligations in the world of photography is essential to avoid disputes and violations of law in the future.

By following these recommendations, both photographers and photo subjects can be protected from legal risks that may arise due to the use of photography.

In our previous article, we discussed the juridical analysis of legal protection of people photographed in photography for commercial use according to Law Number 28 of 2014 concerning Copyright. In this article, we will address some of the frequently asked questions related to this topic.

Q: What is the purpose of Law Number 28 of 2014 concerning Copyright?

A: The purpose of Law Number 28 of 2014 concerning Copyright is to provide a legal framework for copyright protection, including photography works. This law aims to protect the rights of creators, including photographers, and to prevent copyright infringement.

Q: What is the difference between a photographer's right and a photo subject's right?

A: A photographer's right refers to the exclusive right to reproduce, distribute, and display their work, including photography. A photo subject's right, on the other hand, refers to their right to protect their image and integrity, including the right to review the final product and ensure that their image is not used in a way that is detrimental to their reputation.

Q: What is the importance of written agreements in photography?

A: Written agreements are essential in photography because they govern the rights and obligations of both parties, including royalties payments to individuals who are photographed. Without a written agreement, photographers may be liable for copyright infringement, and photo subjects may not receive the compensation they deserve.

Q: Can a photographer use a person's photo without their permission?

A: No, a photographer cannot use a person's photo without their permission. According to Law Number 28 of 2014, the use of photos involving human subjects for commercial purposes requires permission from the photographed individuals.

Q: What are the consequences of violating copyright law in photography?

A: The consequences of violating copyright law in photography can be severe, including financial losses and damage to the photographer's reputation. In extreme cases, copyright infringement can result in lawsuits and even imprisonment.

Q: How can photographers protect themselves from legal risks in photography?

A: Photographers can protect themselves from legal risks in photography by obtaining permission from the individuals who are photographed, preparing written agreements, and ensuring that they have the necessary rights and permissions to use the images.

Q: What is the role of the Supreme Court in copyright law in photography?

A: The Supreme Court plays a crucial role in copyright law in photography by interpreting the law and making decisions that affect the rights of photographers and photo subjects. The Supreme Court's decisions can have a significant impact on the photography industry and can shape the future of copyright law in photography.

Q: Can photo subjects sue photographers for copyright infringement?

A: Yes, photo subjects can sue photographers for copyright infringement. If a photo subject's rights are violated, they may be entitled to compensation and other remedies, including damages and injunctive relief.

Q: How can photo subjects protect their rights in photography?

A: Photo subjects can protect their rights in photography by being aware of their rights and obligations, reviewing the final product, and ensuring that their image is not used in a way that is detrimental to their reputation. They can also seek the advice of a lawyer or other expert to ensure that their rights are protected.

By understanding the answers to these frequently asked questions, photographers and photo subjects can better navigate the complex world of copyright law in photography and protect their rights and interests.