To get more profit from the films produced, usually film studios make merchandise related to the movie. Who doesn't know the Transformers movie, this movie is liked by adults and children alike because of its exciting and thrilling. Apart from the movies, transformers are also favored by children because of the merchandise in the form of action figure toys. It is not uncommon for us to see collaborations between transformers and other clothing and toy brands. The question is whether the movie title gets copyrighted?
It is clearly seen in Law number 28 of 2014 concerning copyright, a work that is not protected by a copyright is a work that has not been materialized in a real form. That way the movie title is just a name without a form and doesn't get a copyright. If a movie title is not copyrighted, can the movie title be registered as a trademark ?.
Based on article 1 paragraph 1 of Law number 20 of 2016 concerning Marks and Geographical Indications, a Mark is a sign that can be displayed graphically in the form of images, logos, names, words, letters, numbers, color arrangements, in 2 (two) dimensional form and / or 3 (three) dimensions, sound, hologram, or a combination of 2 (two) or more elements to distinguish goods and / or services produced by persons or legal entities in trading activities of goods and / or services.
Based on article 1 paragraph 2 UUMIG Trademark is a mark that is used on goods that are traded by a person or several people collectively or a legal entity to differentiate from other similar goods.
Written in article 21 UUMIG:
1. An application is rejected if the Mark is similar in substance or in whole to:
a. A registered mark that belongs to another party or has been requested by another party for similar goods and / or services;
b. Well-known trademarks owned by other parties for similar goods and / or services;
c. Well-known trademarks owned by other parties for goods and / or services that are not of the same type that meet certain requirements; or
d. Registered Geographical Indication.
2. The application is rejected if the Mark:
a. constitutes or resembles the name or abbreviation of the name of a famous person, photograph, or the name of a legal entity owned by another person, except with the written consent of the authorized person;
b. is an imitation or resembles the name or name abbreviation, flag, emblem or symbol or emblem of a country, or a national or international institution, except with a written approval from the competent authority; or
c. is an imitation or resembles an official sign or seal or stamp used by a state or government agency, except with a written approval from the competent authority.
3. An application is rejected if it is submitted by a Petitioner with bad faith.
From the above meaning, any name can be registered as a trademark as long as it does not violate the provisions in Article 21 UUMIG. So what are the advantages of registering a movie's title as a brand?
Registering a movie title as a trademark can open the door to lucrative trade licensing agreements that help pay for the costs of film production and promotion. Transformers is an example of movie merchandising, so far Transformers already has 5 movie sequels. Along with the movie Transformers also generates a very lucrative market for a collection of transformers (such as action figures, clothing and books) worth millions or even billions.
The conclusion is that the title of a movie does not have copyright in it because the title in a movie does not have a real form. But to get more profit from the movie's title, the title can be registered as a trademark as long as the title or mark that wants to be registered does not violate the rules contained in article 21 of UUMIG. In addition, everything contained in the movie (characters, property, scripts, etc.) is copyright owned by the producer so that no one can take advantage of the movie (for example: selling clothes with the movie's character) without the permission of the producer or the rights owner. create. All people who take advantage of a work without the permission of the copyright holder will be subject to criminal law if the copyright holder feels harmed by such activities.
Undang Undang nomor 20 tahun 2016 tentang merek dan indikasi geografis
Undang Undang nomor 28 tahun 2014 tentang Hak Cipta