Justice-Based Regulation: A New Paradigm in Copyright Protection

Copyright, as a special right of creators, develops automatically under the declarative value once a work is happened in a physical form, with certain limitations as prescribed by law. This study investigates the current limitations in legal protection for copyright owners and proposes a justice-based regulatory framework. The research is structured around three central questions: 1) Why does the existing legal framework for copyright protection fail to deliver justice for copyright owners? 2) What are the essential shortcomings in the current regulations? 3) How can these values be restored to safeguard justice-based protection? Engaging a constructivist paradigm and a sociological legal method, this research utilizes socio-legal methods, including expressive analysis of both primary and secondary data. Data collection was conducted through literature reviews and field studies, with qualitative methods applied to analyse the findings. The study reveals substantial gaps in the current legal framework, particularly within Articles 1, 8, and 9 of the Copyright Law, which ineffectively safeguard the rights of copyright owners. These deficiencies are exacerbated by the widespread misuse of artificial intelligence technologies that modify original works, undermining the economic rights of creators. The analysis finds three main areas of weakness: legal substance, legal structure, and legal culture. The current legal provisions are ineffective in practice, implementation mechanisms are flawed, and societal attitudes towards copyright are driven by pragmatism, leading to frequent violations and unfair royalty distribution. To address these issues, the study recommends a comprehensive modernization of the legal framework, focusing on value and normative modernizations. Key proposals include amendments to the Copyright Law No. 28 of 2014 and Government Regulation No. 56 of 2021 to establish a more equitable and justice-oriented system for copyright protection.