Indonesian Copyright Protection for Animation and Its Role in Supporting Creative Economy : Doctrinal, Normative , Practical Consstrain and Its Solution

Indonesian Copyright Protection for Animation and Its Role in Supporting Creative Economy : Doctrinal, Normative , Practical Consstrain and Its Solution

In 2009,President Susilo Bambang Yudhoyono in 2009 declared that the Creative Economy had better become the "backbone" of the Indonesian economy. This is because creative economy is a unique "soft power" for Indonesia, considering Indonesia has a great potential for it has immensely rich human resources, natural resources, and cultural diversity. The fact is that many Indonesians have a world-class reputation in the field of animation/film. Names, like, Andre Surya, Michael Reynold Tagore Rini Triyani Sugianto, Griselda Sastrawinata, Ronny Gani Teja have been involved in the production of big titles, such as Spiderman or The Avenger. Unfortunately, many animators are still not aware of the copyright protection for animation as their intellectual creation. This research is a socio-legal research conducted between the year 2017 to 2020. The research results show, first, the philosophical basis of intellectual property rights is derived by John Locke with the Fruit of and GWF Hegel with the Personality theory. John Locke philosophy is significant in the countries adhering to the Common Law tradition. GWF philosophy in the countries adhering to the civil Law tradition. As a matter of fact Indonesia inherits the Civil Law tradition from the Netherlands and the uniqueness of Pancasila. Pursuant to Article 28 of Indonesian Constitution 1945 copyright is a fundamental right and is derived by Law Number 28 of year 2014 regarding Copyright. Copyright law stipulates among others: standard of copyright ability, automatic protection, terms of protection: life +70 years after the death of the author, substantive exclusive rights covering both economic and moral dimensions, and limitation to copyright. Second, there are doctrinal constraints, normative constrain and practical constrain of animation copyright protection in the frame of creative economy. The doctrinal constraints are the automatic protection doctrine, the dichotomy idea and expression doctrine. The normative constraints that include: the removal of the provision of the norm originality from Copyright law, the emphasizes fixation requirements is only for sound recordings and not cover other works, the regulates substantive right rigidly and separately not in generally, whereas in many infringement cases may include several substantive rights at once. Does not regulate resale royalty rights although Indonesia is rich in fine artists. The practical constraint include lack of comprehensive understanding of copyright protection from law enforcement officers, the lack awareness of communities. Third, there are several solutions offered. In terms of animation copyright protection, the best solution can becan be emulated are examples from America and Japan. America protects animation works which includes various measures, protecting computer program like beta tests, computer copyright clearance, tests using Sufficient Delineation and Story Being Told standards, etc. While the best triple helix-based example is carried out by Japan by its success in garnering collaboration, synergy and integrity between government, industry, and universities in the development of the creative economy.