Perlindungan Hukum Motif Tradisional Perak Bali Dalam Kerangka Hak Cipta

Abstract

The traditional silver motif is one of the works that is protected by Law Number 28 of 2014 concerning Copyright in the regulation of articles 38 and 40. Traditional motifs are images of several forms that are stylized or styled by artists into a form. Traditional motifs in several species, bouquets, rocks, flowers and leaves. The protection and implementation is still not optimal, this is what happened which was claimed by the claims made by foreign nationals who were carried out on the copyrighted works of traditional motifs, for example the case of claims between PT Karya Tangan Indah and Ketut Denny Aryasa and the Case of Desak Suarti and Lois Hill. classified as traditional cultural expressions in the form of artistic and cultural expressions whose ownership is not known but is protected by the State. Method The writing of this research is an empirical research method with a legal approach and an approach to facts in the field. The results of this study there is no awareness from the maker of the importance of understanding copyright, copyright protection and registration of copyrighted works, the role of the government in protecting copyrighted works of the creator's motives is unknown. It is necessary to study the importance of legal protection in copyrighted works so that there will be no lawsuits against copyrighted works that are communal and individual. Legal protection can also be carried out by makers in a preventive and repressive manner. The strategic steps that need to be taken by the Government are to identify traditional motifs whose ownership is not yet known based on culture, so that the Director General of Intellectual Property Rights requires an inventory of cultural products that are communal in nature and socialization of their protection.