PERLINDUNGAN HUKUM TERHADAP KEASLIAN CERITA RAKYAT
Abstract: Requirement of
originality is determined by Article 1 paragraph (3) Act Number 19 of 2002 on
Copyright can be easily applied to new creations, but when it comes to
creations such as traditional folktale takes more search to determine their
originality. Folktale began to transferred into another form that is more
interesting, but reduce the element of originality to the story so the younger
generation may not know the real form of the folktale. Based on that
background, this study discussed problem about originality concept on copyright
in a work, Act Number 19 of 2002 on Copyright and the Berne Convention and the
legal protection on originality of folktale. This study is a normative legal
research, using the statute approach and the conceptual approach. The outcome
of this study show that the provisions of the originality of an inventions as
set forth in Article 1 paragraph (3) of Act Number 19 of 2002 on Copyright
defined creativity as the basis for determining the originality of a work.
Protection for the originality of folktale can be done with the passage and
implementation of documentation Article 15 and Article 35 of Act Number 19 of
2002 on Copyright.
Penulis: Desyanti Suka Asih
K.Tus
Kode Jurnal: jphukumdd140362