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The Law of Anime: Otaku, Copyright, Fair Use, and It’s Infringements in Indonesia
Abstract
The massively growing popularity of Japanese animation or Anime creates a certain movement and has exported cultural form in another reflection from their fans in many countries. It can be in a form of data such as films, pictures, videos, or made by fans such as fan-subs, fan arts, fan-fictions or it can be in a real form such as clothes, merchandises or costumes for cosplayers. In Indonesia copyright is regulated in the Law no. 28 of 2014 on Copyright while internationally copyright are regulated by some of international convention and agreements such as Trade-Related Aspects of Intellectual Property Rights Plus concluded by WTO; Paris Convention for the Protection of Industrial Property, the Berne Convention for the Protection of Literary and Artistic Works, and the Rome Convention concerning protection of neighboring rights to literary works which are concluded by WIPO. Even though the infringement of intellectual property rights violated copyright and it is nationally and internationally protected by law, but the phenomenon of violation of this anime is can be easily found in daily life and massively growing, and due to unclear limitations and parameters of the balance in enjoying the economic benefits of reasonable interest which also regulated in Article 44 and is called as fair use however, questions arise, what kinds of movement which infringing the law and which one is not.
... Laws and regulations are the main pillars in maintaining the order of society and creating improvements in various aspects of life (Al-Farouqi et al., 2020). The community has witnessed a number of significant improvements that have emerged as a result of efforts to create and update regulations. ...
... With respect to the competence of an act, the law does not regulate it definitively. The law only partially regulates which is only claimed Incompetence in Chapter 1330 of the Civil Code (Al-Farouqi et al., 2020). ...
Valuable possessions or inheritances are objects that can be inherited, inheritance in this case is not only about tangible objects such as land, houses, jewelry, and so on, but works of art are also the inheritance rights of the creator that can be inherited. to his family. This article applies normative juridical research methods to analyze the copyright transfer process and identify its implications for Article 1320 of the Civil Code. Research highlights that while copyright is transferable, such actions can violate positive legal provisions. As a result, this study offers a new perspective on the conflict between copyright transfer and existing legal norms, providing a basis for a rethink of relevant regulations. The implications of these findings could impact on further understanding of the relationship between copyright, inheritance, and legal protection of minors.
... Anime Anime merupakan sebuah film animasi dari Jepang yang populer di seluruh dunia dengan mengusung berbagai genre yang dapat mencangkup berbagai kalangan penonton (Al-Farouqi et al., 2020). Dengan kepopuleran anime sekarang, banyak orang-orang yang membandingkannya dengan animasi atau kartun barat seperti animasi Disney. ...
Perkembangan teknologi yang pesat, terutama dalam era digital dan konektivitas global melalui internet, telah memberikan dampak signifikan pada berbagai aspek kehidupan manusia, termasuk dalam bidang hiburan. Penelitian ini bertujuan merancang prototipe untuk platform streaming anime yang simpel dan mudah digunakan, terutama oleh generasi muda. Melalui studi literatur dan survei demografi peminat anime, penelitian ini bertujuan untuk memahami kebutuhan dan preferensi pengguna dalam menonton anime. Dengan memanfaatkan data demografi dan preferensi pengguna, penelitian ini fokus pada platform yang bersifat praktis, efisien, dan dapat diakses oleh semua golongan, dengan berlandaskan teknologi saat ini. Prototipe ini diharapkan dapat menjadi referensi dan inspirasi bagi pengembangan platform streaming anime yang lebih baik, ramah pengguna, dan dapat dinikmati oleh masyarakat.
... The massive rise in popularity of Japanese animation or Anime created a certain movement and exported the cultural form in another reflection of its fans in many countries. It can be data such as movies, images, videos, or fan-made such as fan-sub, fanart, fanfiction, or it can be in tangible forms such as clothing, merchandise, or cosplayer costumes (Al-Farouqi et al., 2020). Cosplay is the practice of creating costumes or props inspired by fictional characters and embodying those characters into real-world spaces such as fan clubs (Scott, 2015). ...
Purpose: The purpose of this work is to describe the nature of copyright can be applied in the context of cosplay activities and the challenges and obstacles faced by cosplayers in understanding and respecting copyright and brands in cosplay practice. Theoretical framework: Cosplay is an adaptation of creation, where the process of making cosplay costumes and accessories is carried out by changing the form of a sketch design/drawing of a costume or character design into a costume that can be used in real life. Copyright regulates provisions regarding legal protection for adaptations of works. Design/methodology/data analysis: The research methods used in this article are analytical and descriptive approaches. Data is collected through literature studies that include articles, journals, books, and other reliable sources. The data is then analysed and interpreted to identify challenges and barriers in understanding copyright in cosplay, as well as to conduct legal comparisons between different countries. Findings: Copyright protection is important in cosplay, with the potential for infringement if using character and brand works without permission. Cosplayers need to understand boundaries and communicate with the original owner to avoid violations. Cosplayers face challenges in understanding and respecting copyright and brands, including limited legal understanding and difficulty obtaining official permission. It is important for them to continue to deepen understanding and communicate with the original owner to avoid violations. Originality/value: This article focuses on character copyright protection in Cosplay, where it is necessary to clearly regulate whether cosplay violates copyright or does not violate copyright. Practical implications: Cosplay creators need to understand well the copyright regulations in a country, to know whether their actions violate copyright or not. Law enforcers need to understand and re-examine whether the act of cosplay violates the economic rights of the creator or not.
The popularity of anime makes fans take an active role in their community, one of them is by commercializing anime fanart. The commercialization of anime fanart is rather an ambiguous problem, considering that there is no specific regulation about this matter, either in the Law No. 28 of 2014 on Copyright or Japan Copyright Act. The commercialization of anime fanart occurs because fan artists do not understand this matter. Anime fanart is a work produced by fan artist’s creativity with their own style as an element of originality and differentiating them from the original creator and other fan artist’s work, but on the other hand, anime fanart used pre-existing anime characters as their fanart inspiration. Fanart as a work that has elements of originality but not completely original make commercializing anime fanart an act that does not violate the rules. The purpose of this study is to compare the commercialization of anime fanart regulation between Indonesia and Japan. This study uses a normative juridical research method with a comparative law approach and a statute approach. The result of this study indicates that the commercialization of anime fanart has been implicitly regulated in Indonesia Copyright Act, as well as in Japan Copyright Act. In addition, Law No. 28 of 2014 on Copyright and Japan Copyright Act, both categorized the commercialization of anime fanart as an act of copyright infringement.
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