The copy rights intended to protect ideas expressions and work of written, record, film and software. Meanwhile patent intended to protect ideas, intellectual property rights have done to protect it from free riders namely hijacker, saboteur, imitator etc. This policy research focus on fair use aspects namely the users or society who will using patent product and protected by the property rights should ask for permission from the inventor. The product of creative industry publish by digital media tend to be easier to hijack and easier property rights complicated emergent due to many countries have not ratify property rights yet and weaknesses of property rights violations.