COPYRIGHT PROTECTION FOR CREATORS AS PARTICIPANT IN VISUAL ART COMPETITION BASED ON LAW NUMBER 28 OF 2014 CONCERNING COPYRIGHTS

Abstract

Copyright is the exclusive right of the creator that arises automatically based on declarative principles after a creation is realized in a tangible form without reducing restrictions in accordance with the provisions of laws and regulations. Creation is any creation produced by the creator. Based on Law Number 28 of 2014 concerning Copyright (“Law of Copyright”) Article 40 states that a creation can include science, art, and literature. Today, the activity of organizing competitions to win through a creation is common among creators. This study aims to examine and analyze the implementation of Copyright if a creation or creation is used as an object to enter a competition. This study uses a normative-empirical writing method with a statutory approach and a conceptual approach. From the research obtained two things. First, that the creation of creation is protected by applicable laws. So that the creator is entitled to exclusive rights consisting of moral and economic rights. This right is always owned by the creator as long as the creator is still alive. Second, in Article 98 of the Law of Copyright, although there is a transfer of copyright in this article, namely from the creator to the organizer of the competition, the organizer of the competition cannot reduce the rights of the creator in the slightest. The transfer of this copyright can also occur upon a written agreement agreed by both parties. However, there are still many cases of copyright infringement that occur from a competition. So, the conclusion that can be drawn is that the competition organizers do not violate the rights of the creators and make competition provisions that are detrimental to the creators. The competition organizer cannot use a creation on the results of a competition that does not win. So that the copyright of the creation is still held by the creator even though he does not win the competition. Meanwhile, the creator must study the law regarding copyright, so that it does not become a party that is easily harmed by other parties.