Implementation Of Legal Protection Of Film Work Made By Producers Based On Reference To Third Party Manuscripts (Study Of Decision Number 305K/Pdt.Sus-HKI/2014)

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Implementation of Legal Protection of Film Work Made by Producers Based on Reference to Third Party Manuscripts: A Study of Decision Number 305K/Pdt.Sus-HKI/2014

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Introduction

The Indonesian film industry has been growing rapidly in recent years, with many local films gaining international recognition. However, the lack of clear regulations regarding copyright ownership has led to conflicts between producers and creators. The case of the film "Soekarno: Indonesia Merdeka" is a prime example of this issue. In this article, we will discuss the implementation of legal protection of film work made by producers based on references to third party manuscripts, with a focus on the decision of the Central Jakarta Commerce Court Number 305K/PDT.Sus-HKI/2014.

Background

In Indonesia, film law has not explicitly regulated the rights and obligations of each party involved in film production. Existing rules tend to summarize all parties as "film people", with rights and obligations regulated in Articles 49 and 50 of Law Number 33 of 2009 concerning Film. This triggered a conflict of copyright ownership, as happened in the case of the film "Soekarno: Indonesia Merdeka". The film's script was based on the work of a third party, raising questions about who has a copyright over the film.

The Decision of the Central Jakarta Commerce Court Number 305K/PDT.Sus-HKI/2014

The decision of the Central Jakarta Commerce Court Number 305K/PDT.Sus-HKI/2014 was in the spotlight because it raised an important issue of copyright on the film script made based on the work of third parties. The court's decision highlighted the complexity of copyright ownership problems in film production in Indonesia. In this case, the film "Soekarno: Indonesia Merdeka" uses a script which is the work of a third party. The question that arises is, who has a copyright over the film?

Analysis of Decisions and Regulations

Decision of the Central Jakarta Commerce Court Number 305K/PDT.Sus-HKI/2014 shows the complexity of copyright ownership problems in film production in Indonesia. In this case, the film "Soekarno: Indonesia Merdeka" uses a script which is the work of a third party. Article 20 paragraphs (1) and (2) of Law Number 33 of 2009 concerning Film Entering the writer/creator of the film scenario as part of the "Film Insan" without special rules to regulate their position and rights.

Further Analysis

The problem that arises from this case is the lack of legal clarity regarding the position and rights of the creator/script writer in the film production process. Although Law Number 33 of 2009 concerning Film regulates the role of "film people", it is not in detail regulating the rights and obligations of the creator/scriptwriter, especially those who use the work of third parties as a reference. This lack of clarity has led to conflicts between producers and creators, as seen in the case of the film "Soekarno: Indonesia Merdeka".

Solutions and Recommendations

To overcome this problem, here are some solutions and recommendations:

  1. Revision of Law Number 33 of 2009 concerning Film: It is necessary to revise the Law to set specific rules regarding the rights and obligations of the Creator/Screenwriter, including those who use the work of third parties as a reference.
  2. Increasing legal awareness: Increasing legal awareness for film people, especially the Creator/Screenwriter, concerning Copyright and Legal Protection Mechanisms.
  3. Establishing a clear copyright ownership system: Establishing a clear copyright ownership system that clearly defines the rights and obligations of each party involved in film production.

Conclusion

Copyright Problems in the film "Soekarno: Indonesia Merdeka" revealed specific regulation shortages in Law Number 33 of 2009 concerning Film. The revision of the Law and Legal Education is the right solution to protect copyright and create legal certainty in the Indonesian film industry. With clearer rules, similar conflicts in the future can be prevented.

Recommendations for Future Research

This study highlights the need for further research on the implementation of legal protection of film work made by producers based on references to third party manuscripts. Future research should focus on:

  1. Conducting a comprehensive review of existing laws and regulations: Conducting a comprehensive review of existing laws and regulations regarding copyright ownership in the Indonesian film industry.
  2. Analyzing the impact of the decision of the Central Jakarta Commerce Court Number 305K/PDT.Sus-HKI/2014: Analyzing the impact of the decision of the Central Jakarta Commerce Court Number 305K/PDT.Sus-HKI/2014 on the Indonesian film industry.
  3. Developing a clear copyright ownership system: Developing a clear copyright ownership system that clearly defines the rights and obligations of each party involved in film production.

Limitations of the Study

This study has several limitations, including:

  1. Limited scope: The study only focuses on the case of the film "Soekarno: Indonesia Merdeka" and does not provide a comprehensive review of all cases related to copyright ownership in the Indonesian film industry.
  2. Limited data: The study relies on secondary data and does not provide primary data collected through surveys or interviews.
  3. Limited analysis: The study only provides a descriptive analysis of the case and does not provide a detailed analysis of the legal implications of the decision.

Future Directions

This study highlights the need for further research on the implementation of legal protection of film work made by producers based on references to third party manuscripts. Future research should focus on developing a clear copyright ownership system that clearly defines the rights and obligations of each party involved in film production. Additionally, future research should analyze the impact of the decision of the Central Jakarta Commerce Court Number 305K/PDT.Sus-HKI/2014 on the Indonesian film industry.
Q&A: Implementation of Legal Protection of Film Work Made by Producers Based on Reference to Third Party Manuscripts

Introduction

The implementation of legal protection of film work made by producers based on references to third party manuscripts is a complex issue in the Indonesian film industry. In this article, we will answer some frequently asked questions (FAQs) related to this topic.

Q: What is the current law regarding copyright ownership in the Indonesian film industry?

A: The current law regarding copyright ownership in the Indonesian film industry is regulated by Law Number 33 of 2009 concerning Film. However, the law does not explicitly regulate the rights and obligations of each party involved in film production, leading to conflicts between producers and creators.

Q: What is the decision of the Central Jakarta Commerce Court Number 305K/PDT.Sus-HKI/2014?

A: The decision of the Central Jakarta Commerce Court Number 305K/PDT.Sus-HKI/2014 is a landmark case that highlights the complexity of copyright ownership problems in film production in Indonesia. In this case, the film "Soekarno: Indonesia Merdeka" uses a script which is the work of a third party, raising questions about who has a copyright over the film.

Q: What are the implications of the decision of the Central Jakarta Commerce Court Number 305K/PDT.Sus-HKI/2014?

A: The implications of the decision of the Central Jakarta Commerce Court Number 305K/PDT.Sus-HKI/2014 are significant, as it highlights the need for clearer regulations regarding copyright ownership in the Indonesian film industry. The decision also raises questions about the rights and obligations of each party involved in film production.

Q: What are the solutions to overcome the problem of copyright ownership in the Indonesian film industry?

A: There are several solutions to overcome the problem of copyright ownership in the Indonesian film industry, including:

  1. Revision of Law Number 33 of 2009 concerning Film: It is necessary to revise the Law to set specific rules regarding the rights and obligations of the Creator/Screenwriter, including those who use the work of third parties as a reference.
  2. Increasing legal awareness: Increasing legal awareness for film people, especially the Creator/Screenwriter, concerning Copyright and Legal Protection Mechanisms.
  3. Establishing a clear copyright ownership system: Establishing a clear copyright ownership system that clearly defines the rights and obligations of each party involved in film production.

Q: What are the benefits of establishing a clear copyright ownership system in the Indonesian film industry?

A: Establishing a clear copyright ownership system in the Indonesian film industry has several benefits, including:

  1. Reducing conflicts: A clear copyright ownership system can reduce conflicts between producers and creators.
  2. Increasing legal certainty: A clear copyright ownership system can increase legal certainty for all parties involved in film production.
  3. Promoting creativity: A clear copyright ownership system can promote creativity and innovation in the Indonesian film industry.

Q: What are the challenges of establishing a clear copyright ownership system in the Indonesian film industry?

A: Establishing a clear copyright ownership system in the Indonesian film industry is not without challenges, including:

  1. Complexity of the law: The law regarding copyright ownership in the Indonesian film industry is complex and requires careful consideration.
  2. Resistance from industry stakeholders: Some industry stakeholders may resist changes to the current system, making it difficult to establish a clear copyright ownership system.
  3. Limited resources: Establishing a clear copyright ownership system requires significant resources, including funding and personnel.

Conclusion

The implementation of legal protection of film work made by producers based on references to third party manuscripts is a complex issue in the Indonesian film industry. By understanding the current law, the implications of the decision of the Central Jakarta Commerce Court Number 305K/PDT.Sus-HKI/2014, and the solutions to overcome the problem of copyright ownership, we can work towards establishing a clear copyright ownership system that promotes creativity and innovation in the Indonesian film industry.