This research analyzes the legal qualification of the phenomenon of recording and
disseminating film clips by cinema audiences, which is frequently intended for social media
updates without any commercial motives. Utilizing a normative legal research method that
examines Law Number 28 of 2014 concerning Copyright and Law Number 11 of 2008
concerning Electronic Information and Transactions, supplemented by resource person
interviews, this study reveals a partial legal loophole. The results indicate that while
recording film clips infringes upon the exclusive economic rights of the copyright holder,
the perpetrators cannot be criminally prosecuted under Article 113 of the Copyright Law
because the act lacks the economic gain element required to constitute piracy. However,
the act of uploading the recorded material perfectly fulfills the elements of the offense
outlined in Article 32 paragraph (1) of the ITE Law as the unauthorized transmission of
another party's electronic document. This criminal threat can be intensified through Article
36 of the ITE Law if it is proven to cause material loss to the filmmakers. In conclusion, the
ITE Law instrument provides a more comprehensive framework for prosecuting non-
commercial recording perpetrators in the digital era.