The Obstacles of Copyright Protection Against Traditional Cultural Expression in Indonesia

Abstract

The special protection of traditional cultural expressions is governed by Berne Convention 1886 and also in its revision (Paris Convention) in 1971, which is mentioned in Article 15 paragraph (4). The traditional cultural expression or Folklore is one of the protected parts for its existence because it is one of the characteristics and identity of a nation. This identity shows the level of cultural nobility of a nation thus its existence must be maintained. The Law recognized by the world community as a place to maintain the expression of traditional culture into the identity of a nation is by giving Copyright to it. As part of Copyright, the protection of traditional cultural expressions is obtained automatically; it means that traditional cultural expressions are protected directly by the law since it was first announced. In principle, intellectual property rights have been attached to the community without having to register. The protection of copyright against traditional cultural expressions in Indonesia is a hereditary culture. Therefore, it has become the common property of the Indonesian nation. And Indonesia has synchronized the legal arrangements in its national law mentioned in articles 38 and 39 of Law No. 28 of 2014 on Copyright. The barrier in protecting traditional cultural expressions in Indonesia is mostly due to the understanding of the traditional ownership of traditional cultural expressions over communal ownership. So in order to hit the cultural barriers, socialization and inure of Copyright are needed to be socialized to the public