PENYELESAIAN SENGKETA HAK ATAS POTRET NYONYA MENEER ( STUDI KASUS PERSINGGUNGAN HAK CIPTA DAN MEREK NYONYA MENEER)

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.
Keywords: Portrait, Nyonya Meneer, PT. Bhumi Empon Mustiko