CD Skripsi

Penyelesaian Sengketa Hak Atas Potret Nyonya Meneer (Studi Kasus Persinggungan Hak Cipta Dan Merek NyonyaMeneer)

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ABSTRACT
Portraits are one of the copyrighted works that are protected by the Copyright
Act, namely Law Number 28 of 2014 concerning Copyright. So if there are other
parties who want to use someone's portrait, they must ask permission from the owner
of the portrait and/or if the owner of the portrait has died must ask permission from
his heirs. Violations of various portrait copyrights, one of which is the use of portrait
copyrighted works without the consent of the person in the portrait or their heirs.
This violation occurred in the case of using the portrait of Nyonya Meneer on Telon
Oil packaging produced by PT. Bhumi Empon Mustiko, where PT. Bhumi Empon
Mustiko without written permission from his heirs deliberately used the portrait of
Mrs. Meneer's face on the telon oil packaging he produced. Even though the Nyonya
Meneer brand had been purchased by PT. Bhumi Empon Mustiko but the purchase of
the brand does not include the portrait of Mrs Meneer because facial portraits are a
moral right where the moral rights continue to be attached to the creator or owner of
the portrait. Provisions regarding portraits without permission are clearly regulated
in Law Number 28 of 2014 Regarding Copyright, namely Article 12 paragraphs (1)
and (2) which essentially states that everyone is prohibited from using portraits for
commercial purposes, procuring, announcements, distributions and/or
communication of potraits made for the purposes of of commercial advertisements or
advertising without the written consent of the person photographed or his heirs.
this research is included in the normative research and data collection
techniques in this study by means of library research and data analysis used in this
study is a qualitative method and the results of this research will be presented in
descriptive form and in terms of drawing conclusions the author uses the method of
deductive thinking. is a way of thinking by drawing a conclusion from a general
statement to a specific statement.
Protection of a person's portrait in the perspective of Intellectual Property
Rights is protected, one of which is Copyright where in the Copyright Law contained
in Article 12 paragraphs (1) and (2) which states that everyone who wants to enjoy
economic benefits from the Intellectual Property Rights of others , must obtain
permission from the right person. The use of other people's Intellectual Property
Rights without written permission from the owner, or falsification / impersonating
other people's intellectual property rights, it is a violation of law. The legal
consequences for violators of trademark rights that have been registered in the civil
domain can be sued for compensation for using trademark rights without obtaining
prior approval and permission from the owner/right holder of the registered mark.
The Commercial Court as a formal judicial institution for civil lawsuits, opens wide
opportunities for trademark holders to defend their rights, without the cancellation of
the judiciary as in the old law. Especially after it is clear that this trademark right is
part of property law, and of course it will not be different from other claims in
property law. In accordance with Article 1 paragraph 5 of Law no. 20 of 2016
concerning Marks and Geographical Indications that the right to a mark is an
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exclusive right that has been granted by the state to the owner of a registered mark
for a certain period of time by using the mark himself or giving permission to other
parties to use it. There needs to be clearer and more detailed provisions regarding
portraits of someone who are protected by Copyright Law Number 28 of 2014
concerning Copyright so that portrait users who intentionally use other people's
portraits know the procedure for using other people's portraits without legal
permission. It needs to be clarified regarding the portraits used by other people who
have purchased the trademark of a company where if the trademark purchased
includes a portrait in it or only the trademark is transferred, it does not include the
portrait. It needs to be clarified regarding the portraits used by other people who
have purchased the trademark of a company where if the trademark purchased
includes a portrait in it or only the trademark is transferred, it does not include the
portrait.
Keywords: Portrait, Nyonya Meneer, PT. Bhumi Empon Mustiko

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

1709110580

Penerbit

Pekanbaru : Universitas Riau – Fakultas Hukum – Hukum Pidana., 2022

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

1709110580

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

HUKUM PIDANA

Info Detail Spesifik

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Pernyataan Tanggungjawab

DAUS

Versi lain/terkait

Lampiran Berkas

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