Declarative and Constitutive Principles in Copyright Protection

Authors : Nur. Mohamad. Kasim, Salahuddin Littie

Volume/Issue : Volume 5 - 2020, Issue 1 - January

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This study was aimed at providing full copyright protection toward the copyright works and providing automatic exclusive rights based on declarative and constitutive principles. This study used statute and historical approach, and thus, was a normative study. In addition, it was a descriptive study, which used primary and secondary legal sources. It discussed legal protection and originality of the copyright works. Legal protection was offered by Copyright Act No. 28 of 2014, provided no uncertainty and classified copyright protection into two categories: declarative protection and constitutive protection, in which this act did not make it mandatory for registration. Meanwhile, legal protection needed legal certainty for its application. In relation to the originality of the copyright works, the aforementioned law insisted that it is required for a copyrighted work to be protected. This protection was given to man-made creation, which consisted both of intellectuality works and originality work. Originality means that the works are authentically created by the person claiming as the creator of that works and that it has never been altered. Copyright protection is also known for its originality of how the creator creates that particular work.

Keywords : Declarative, Constitutive, Protection, Originality.


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