TINJAUAN YURIDIS NORMATIF TERHADAP HAK ATAS KEKAYAAN INTELEKTUAL FREELANCE FOTOGRAFER YANG DIPEKERJAKAN VENDOR DOKUMENTASI PERNIKAHAN

Photography is the art of painting light. Photographic activity has become a trading commodity. Photography is an idea of an art in a real form. Photography is included in the category of Intellectual Property Rights categorized in science, art and literature. Intellectual Property Rights are thoughts that produce products from human intellectual creativity. Copyright is one type of Intellectual Property Rights. Copyright is the exclusive right of the creator that appears automatically based on the declarative principle after a creation is realized in a tangible form without prejudice to the settlement that has been regulated in the provisions of the law. The wedding industry is one of the creative industries that was growing rapidly, especially wedding documentation. The large number of market demands for wedding photography services often makes wedding documentation vendors unable to handle by themself. Vendors employ freelance photographers to fulfill the demand for their professional services, which often lacks human resources. The cooperation agreement between the freelance photographer and the vendor owner is carried out orally. The research method applied on is qualitative research with a juridical-normative approach. This research is descriptive qualitative by installing a theoretical framework around Intellectual Property Rights, Copyright, the principle of freedom of contract and the concept of al-Milkiyyah contained in copyrighted works by freelance photographers who employed by vendors. This study concludes that copyrights on photos are produced and copyrighted by freelance photographers, not vendors. The photo is classified as a portrait work for which commercial use requires written permission from the creator and the person in the photo. The cooperation agreement between the parties does not affect the ownership status of the photo because the vendor actually hires and pays a fee for the photography services of a freelancer, Moral Rights are attached to the freelance along his life. Islamic Economic Law views photographic works as private property, milkiyyah fardiyyah which is obtained through the work. The ownership portion of the photo is al-milk an-naqiṣ. The photo results that used by vendors is an Infaq al-mal of freelance photographers