PELINDUNGAN TERHADAP PENERIMA JAMINAN FIDUSIA KONTEN YOUTUBE VIDEO GAMES

Abstract

Intellectual property can be used as an object of Fiduciary security. This is emphasized in PP No.24 of 2022. The problem is that no one has practiced YouTube content as an object of the Fiduciary guarantee. This study aims to analyze the authority of the YouTube video games channel owner to establish Fiduciary guarantees over the video games content and to examine the protection of creditors holding Fiduciary guarantees to the event YouTube content cannot be accessed. Through normative research methods supported by source data, the following results are obtained; First, YouTube channel owners as Creators and/or Copyright Holders are authorized to establish their content as objects of Fiduciary guarantees, if the channel owners are more than 1 (one) then the channel owners need to agree to appear together in carrying out a legal action. Second, for YouTube video games content that cannot be accessed when it is used as an object of Fiduciary guarantee, there are 2 (two) possibilities, namely recoverable or irrecoverable. When YouTube content is inaccessible and can be recovered, the law still provides full protection of rights but is still questionable regarding its execution. If the YouTube content is inaccessible and cannot be recovered, the Fiduciary agreement is erased and the protection is limited to Article 1131 and Article 1132 of the Civil Code where the Creditor becomes a Concurrent Creditor.