Violations Of Moral Rights And Economic Rights Creator Of Film Manuscripts (Study Of The Supreme Court Decision Of The Republic Of Indonesia No. 305K/PDT.Sus-HKI/2014)

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Violations of Moral Rights and Economic Rights Creator of Film Manuscripts: Study of the Decision of the Supreme Court of the Republic of Indonesia No. 305K/PDT.SUS-HKI/2014

Introduction

The world of cinematography is plagued by various problems related to copyright protection, particularly when it comes to creating films based on the biographies of historical figures. In this context, Rahmawati, the scriptwriter of the film "Soekarno", faced a serious issue when her name was not included in the work she created. This problem led to a legal lawsuit filed by Rahmawati against PT Multivision Plus and director Hanung Bramantyo, as she felt that her moral rights and economic rights as the creator of the film script had been violated. This study aims to examine the decision of the Supreme Court of the Republic of Indonesia No. 305K/PDT.SUS-HKI/2014 and its implications on the protection of moral rights and economic rights of creators of film manuscripts.

Background

The creation of films based on the biographies of historical figures raises complex issues related to copyright protection. In this case, Rahmawati's script for the film "Soekarno" was not recognized as her creation, leading to a lawsuit against PT Multivision Plus and director Hanung Bramantyo. The lawsuit was filed under the provisions of Law Number 28 of 2014 concerning Copyright, which protects the moral rights and economic rights of creators. The moral rights of creators include the right to be recognized as the creator of a work, while economic rights are related to the right to obtain rewards for the work produced.

Methodology

This study uses a descriptive and normative juridical method with a statutory approach as a basis for problem-solving. The data used is secondary, and the method of collecting data is through library research. The study aims to analyze the decision of the Supreme Court of the Republic of Indonesia No. 305K/PDT.SUS-HKI/2014 and its implications on the protection of moral rights and economic rights of creators of film manuscripts.

Analysis

The analysis of the decision of the Supreme Court of the Republic of Indonesia No. 305K/PDT.SUS-HKI/2014 shows that the court considered that PT Multivision Plus had violated copyright by not including Rahmawati's name in the film script. However, the decision was canceled by the Supreme Court, which argued that the figure of Sukarno and the life reflected in the film was not the creation of an individual, so it did not violate copyrights. This decision highlights the complexity of issues related to copyright protection, particularly in the context of work related to public figures.

Discussion

The decision of the Supreme Court of the Republic of Indonesia No. 305K/PDT.SUS-HKI/2014 has significant implications for the protection of moral rights and economic rights of creators of film manuscripts. The moral rights of creators include the right to be recognized as the creator of a work, while economic rights are related to the right to obtain rewards for the work produced. In this case, Rahmawati as a scriptwriter should have received comparable recognition and economic rights. However, the Supreme Court's decision shows that the creation of works taken from true stories is often in the gray area, where the limits between creation and historical facts are unclear.

Conclusion

The case of this copyright violation highlights the challenges faced by the creator of the film script when it involves moral rights and economic rights. Not only does it require protection of creation, but also a better understanding of these rights in the context of work sourced from real life. Further research is needed to deepen the understanding of the limits between creation and facts, as well as to protect the rights of creators in the future.

Recommendations

Based on the analysis of the decision of the Supreme Court of the Republic of Indonesia No. 305K/PDT.SUS-HKI/2014, the following recommendations are made:

  1. Clearer definition of moral rights and economic rights: The law should provide a clearer definition of moral rights and economic rights to avoid confusion and ensure that creators are protected.
  2. Recognition of creators' rights: The law should recognize the rights of creators, including the right to be recognized as the creator of a work and the right to obtain rewards for the work produced.
  3. Protection of creators' rights: The law should provide adequate protection for creators' rights, including the right to sue for copyright infringement.
  4. Education and awareness: Educational programs and awareness campaigns should be conducted to educate creators, producers, and the public about the importance of protecting creators' rights.

Limitations of the Study

This study has several limitations, including:

  1. Limited scope: The study only examines the decision of the Supreme Court of the Republic of Indonesia No. 305K/PDT.SUS-HKI/2014 and its implications on the protection of moral rights and economic rights of creators of film manuscripts.
  2. Secondary data: The study uses secondary data, which may not be comprehensive or up-to-date.
  3. Limited analysis: The study only analyzes the decision of the Supreme Court and its implications, without considering other factors that may have influenced the decision.

Future Research Directions

Future research should focus on the following areas:

  1. Deeper understanding of creators' rights: Further research is needed to deepen the understanding of creators' rights, including moral rights and economic rights.
  2. Protection of creators' rights: Research should focus on the protection of creators' rights, including the right to sue for copyright infringement.
  3. Education and awareness: Educational programs and awareness campaigns should be conducted to educate creators, producers, and the public about the importance of protecting creators' rights.

References

  1. Law Number 28 of 2014 concerning Copyright.
  2. Supreme Court Decision No. 305K/PDT.SUS-HKI/2014.
  3. Rahmawati v. PT Multivision Plus and Hanung Bramantyo (2014).

Appendix

The appendix includes additional information, including:

  1. List of abbreviations: A list of abbreviations used in the study.
  2. Glossary: A glossary of terms used in the study.
  3. Bibliography: A list of sources cited in the study.
    Q&A: Violations of Moral Rights and Economic Rights Creator of Film Manuscripts

Introduction

The decision of the Supreme Court of the Republic of Indonesia No. 305K/PDT.SUS-HKI/2014 has sparked a lot of debate and discussion about the protection of moral rights and economic rights of creators of film manuscripts. In this Q&A article, we will answer some of the most frequently asked questions about this topic.

Q: What are moral rights and economic rights of creators of film manuscripts?

A: Moral rights refer to the rights of creators to be recognized as the creators of their work, while economic rights refer to the rights of creators to obtain rewards for their work. In the context of film manuscripts, moral rights include the right to be credited as the creator of the script, while economic rights include the right to receive payment for the use of the script.

Q: Why is it important to protect the moral rights and economic rights of creators of film manuscripts?

A: Protecting the moral rights and economic rights of creators of film manuscripts is important because it ensures that creators are recognized and rewarded for their work. This is essential for the development of the film industry, as it encourages creators to produce high-quality work and motivates them to continue creating.

Q: What is the Supreme Court's decision on the case of Rahmawati v. PT Multivision Plus and Hanung Bramantyo?

A: The Supreme Court's decision in the case of Rahmawati v. PT Multivision Plus and Hanung Bramantyo was that the film "Soekarno" did not infringe on Rahmawati's moral rights and economic rights as the creator of the script. The court argued that the figure of Sukarno and the life reflected in the film was not the creation of an individual, so it did not violate copyrights.

Q: What are the implications of the Supreme Court's decision on the protection of moral rights and economic rights of creators of film manuscripts?

A: The Supreme Court's decision has significant implications for the protection of moral rights and economic rights of creators of film manuscripts. It highlights the complexity of issues related to copyright protection, particularly in the context of work related to public figures. The decision also shows that the creation of works taken from true stories is often in the gray area, where the limits between creation and historical facts are unclear.

Q: What can be done to protect the moral rights and economic rights of creators of film manuscripts?

A: To protect the moral rights and economic rights of creators of film manuscripts, the following steps can be taken:

  1. Clearer definition of moral rights and economic rights: The law should provide a clearer definition of moral rights and economic rights to avoid confusion and ensure that creators are protected.
  2. Recognition of creators' rights: The law should recognize the rights of creators, including the right to be recognized as the creator of a work and the right to obtain rewards for the work produced.
  3. Protection of creators' rights: The law should provide adequate protection for creators' rights, including the right to sue for copyright infringement.
  4. Education and awareness: Educational programs and awareness campaigns should be conducted to educate creators, producers, and the public about the importance of protecting creators' rights.

Q: What are the limitations of the study on the decision of the Supreme Court of the Republic of Indonesia No. 305K/PDT.SUS-HKI/2014?

A: The study has several limitations, including:

  1. Limited scope: The study only examines the decision of the Supreme Court of the Republic of Indonesia No. 305K/PDT.SUS-HKI/2014 and its implications on the protection of moral rights and economic rights of creators of film manuscripts.
  2. Secondary data: The study uses secondary data, which may not be comprehensive or up-to-date.
  3. Limited analysis: The study only analyzes the decision of the Supreme Court and its implications, without considering other factors that may have influenced the decision.

Q: What are the future research directions on the protection of moral rights and economic rights of creators of film manuscripts?

A: Future research should focus on the following areas:

  1. Deeper understanding of creators' rights: Further research is needed to deepen the understanding of creators' rights, including moral rights and economic rights.
  2. Protection of creators' rights: Research should focus on the protection of creators' rights, including the right to sue for copyright infringement.
  3. Education and awareness: Educational programs and awareness campaigns should be conducted to educate creators, producers, and the public about the importance of protecting creators' rights.

Conclusion

The decision of the Supreme Court of the Republic of Indonesia No. 305K/PDT.SUS-HKI/2014 has significant implications for the protection of moral rights and economic rights of creators of film manuscripts. It highlights the complexity of issues related to copyright protection, particularly in the context of work related to public figures. The decision also shows that the creation of works taken from true stories is often in the gray area, where the limits between creation and historical facts are unclear. Further research is needed to deepen the understanding of creators' rights and to protect the rights of creators in the future.