Moral Rights in Indonesian Intellectual Property

Copyright is the exclusive right of the creator that arises automatically based on declarative principles after a work is realized in a tangible form without reducing restrictions in accordance with the provisions of laws and regulations. The duration of copyright protection according to Article 58 paragraph (1) of Law Number 28 of 2014 regarding Copyright (UUHC) is for the life of the creator, up to 70 years after the author’s death. Copyright contains two essences of rights, namely Economic Rights and Moral Rights. It is said to be an economic right because Intellectual Property (IP) is an object that can be valued with money. Meanwhile, moral rights are rights so that the work is not changed without approval and the right to be recognized as the creator of the work. Moral Rights prevent the actions of others that are detrimental to the creator and cannot be removed for any reason even if the copyright or related rights have been transferred.

The substances of Moral Rights according to Article 6 of the 1928 Berne Convention are:

  1. The right to claim authorship, the right to be recognized as the creator. Include the name of the creator in the creation.
  2. The right to object to any distortion, mutilation, or other modification of the work, or the right to refuse any changes to the work that may harm the creator in terms of reputation and honor.
  3. The right to object to other derogatory actions in relation to the said work, is the right to refuse any form of action or treatment that can harm the creator in terms of reputation and honor.

None of these rights can be transferred as long as the creator is still alive, except at the will of the creator based on the applicable laws and regulations (Letter of Agreement). Moral rights still follow and are attached to the creator, even though the economic rights of the creation have been transferred to someone else. Moral rights show how close the relationship between the creator and his creation.

Talking about Moral Rights, there is one case that we hear quite often, especially before Hari Raya. Who has never heard the name Warkop DKI? This comedic group consists of Dono (late), Kasino (late), and Indro was famous in the ’80s and even now, its films are still regularly screened on private TV, especially during the Lebaran holidays. Because since the beginning, Warkop DKI has always released its films every Lebaran and New Year holidays, so the tradition has been carried on by TV stations until now. But is there any benefit that Warkop and his family get from showing it on TV?

Indro Warkop as the only surviving member confirmed that he had received absolutely no royalties from the show. “The Warkop film has been screened for more than 20 years, we don’t get it at all. Moreover, royalties have never existed,” he explained.

He needed to emphasize this at every opportunity, because he didn’t want the children and family of the late Dono and Kasino to wonder about it and become suspicious of him.

Traced back, the problem stems from the purchase of TVRI’s break up of Warkop films which were produced by more than one production house. This buy-out contract allows a film to be shown repeatedly without the need for additional costs. Although, there is actually a clause that states that if it is shown on television, even if TVRI buys the contract, it must have the permission of Dono Kasino Indro as Warkop DKI.

In fact, the film has been screened many times, not even only on TVRI, neither Indro nor the Warkop DKI family have received a penny. To that end, Indro said, “Warkop has been running continuously since the beginning, Producer is rich. Let alone getting royalties, goodwill doesn’t exist for me.”

On the other hand, he was grateful that Warkop films were still able to entertain and meet with Falcon Pictures who really respect Copyright and Moral Rights in the making of Warkop DKI Reborn, new versions of Warkop films with different actors. But for TV stations that still regularly broadcast their old films, he said, “Yes, we will take care of everything regarding copyright. We have been wronged for too long, so we don’t want to be wronged. We want all the blessings, this is a moral issue.”

Well, for TV colleagues or other platforms, always remember the importance of Economic Rights and Moral Rights in every creation, or criminal sanctions are ready to await. In accordance with Article 118 UUHC, there is a threat of 4 years in prison or a fine of 1 billion Rupiah, with details as follows:

  1. Any person who intentionally and without rights violates the economic rights as referred to in Article 25 paragraph (2) letter a, letter b, letter c, and/or letter d for Commercial Use, shall be sentenced to a maximum imprisonment of 4 (four) years and/or a maximum fine of Rp. 1,000,000,000.00 (one billion rupiah).
  2. Anyone who fulfills the elements as referred to in Article 25 paragraph (2) letter d committed with the intention of Piracy shall be punished with imprisonment for a maximum of 10 (ten) years and/or a maximum fine of Rp. 4,000,000,000.00 (four billion rupiah).

Am Badar & Am Badar as Intellectual Property consultants in Indonesia, have helped many clients both at home and abroad in guaranteeing Intellectual Property rights in Indonesia. Do not hesitate to contact us at marketing@ambadar.co.id if you have further questions regarding Intellectual Property. Our experienced consultants will be happy to assist you.

 

Sources:

  1. Law No. 28 of 2014 regarding Copyright
  2. Bern Convention of 1928
  3. Faiza Tiara Hapsari. 2012. Eksistensi Hak Moral dalam Hak Cipta di Indonesia. Semarang: Magister Ilmu Hukum Universitas Diponegoro
  4. CNN Indonesia.Com: Penayangan Warkop DKI di TV Ternyata Tanpa Royalti
  5. Kompas.Com: Indro Akan Selesaikan Hak Cipta Film-film Warkop DKI

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