Shalihah, Fithriatus and Hakim, Ali Zuryat (2019) The Obstacles of Copyright Protection Against Traditional Cultural Expression in Indonesia. In: 1st International Conference on Progressive Civil Society (IConProCS 2019).
Preview |
Text
1. prosiding_1st_International_Conference_o (2).pdf Download (180kB) | Preview |
Abstract
The special protection of traditional cultural
expressions is governed by Berne Convention 1886 and also
in its revision (Paris Convention) in 1971, which is
mentioned in Article 15 paragraph (4). The traditional
cultural expression or Folklore is one of the protected parts
for its existence because it is one of the characteristics and
identity of a nation. This identity shows the level of cultural
nobility of a nation thus its existence must be maintained.
The Law recognized by the world community as a place to
maintain the expression of traditional culture into the
identity of a nation is by giving Copyright to it. As part of
Copyright, the protection of traditional cultural expressions
is obtained automatically; it means that traditional cultural
expressions are protected directly by the law since it was
first announced. In principle, intellectual property rights
have been attached to the community without having to
register. The protection of copyright against traditional
cultural expressions in Indonesia is a hereditary culture.
Therefore, it has become the common property of the
Indonesian nation. And Indonesia has synchronized the legal
arrangements in its national law mentioned in articles 38
and 39 of Law No. 28 of 2014 on Copyright. The barrier in
protecting traditional cultural expressions in Indonesia is
mostly due to the understanding of the traditional ownership
of traditional cultural expressions over communal
ownership. So in order to hit the cultural barriers,
socialization and inure of Copyright are needed to be
socialized to the public.
| Item Type: | Conference or Workshop Item (Paper) |
|---|---|
| Subjects: | K Law > K Law (General) K Law > KZ Law of Nations |
| Divisi / Prodi: | Faculty of Law (Fakultas Hukum) > S1-Law Science (S1-Hukum) |
| Depositing User: | Dr. M.H. FITHRIATUS SHALIHAH |
| Date Deposited: | 07 Oct 2019 02:08 |
| Last Modified: | 07 Oct 2019 02:08 |
| URI: | http://eprints.uad.ac.id/id/eprint/15145 |
Actions (login required)
 |
View Item |