| dc.description.abstract | Humans have the right to legal protection for their artistic works through
the Intellectual Property Rights (IPR) system. In Indonesia, IPR protection is
regulated under various laws, such as the Copyright Law. However, public
awareness of the importance of copyright is still low, especially in the digital era
that facilitates free access and use of content, leading to frequent copyright
infringements such as piracy and imitation of works. This has become a serious
concern, including in the case of copyright infringement of the artwork 'Urban
Light' by PT. Pasti Makan Enak and Henry Husada through the imitation 'Love
Light' in Rabbit Town.
This research uses a normative legal research method based on secondary
data obtained through literature study with a case approach. Legal research with
a case approach involves an in-depth study of court rulings that have legal force.
The research results explain that the scope of copyright protection for
sculptural works in Indonesia includes economic rights that apply during the
creator's life plus 70 years after their death, as well as permanent moral rights.
Supreme Court Decision No. 19 PK/Pdt.Sus-HKI/2023 emphasizes severe legal
consequences for those who imitate sculptural works, including the destruction of
imitated works, material damages, and public apologies as a form of restoration
of the creator's moral rights. This decision sets an important precedent in the
enforcement of copyright in the visual arts, although it may lead to legal
uncertainty for creative industry players who rely on the reinterpretation of
previous works. The legal considerations of the panel of judges in this decision
are based on the 2014 Copyright Law, specifically Article 40 letter f, which
protects original artistic expressions, not merely ideas. The judge assessed the
substantial similarity between the work "Urban Light" and its imitation, "Love
Light," as a violation of copyright. This ruling not only reinforces the principles of
deterrence and legal certainty but also serves as an important foundation for the
protection of copyright in sculptural art. | en_US |
