THE TENSION BETWEEN DERIVATIVE WORKS PROTECTED BY FAIR USE AND COPYRIGHT INFRINGMENT LIABILITY IN INDONESIA

Resumo

The act of transforming a copyrighted work is a common thing. Many art workers are inspired to develop and even adopt a pre-existing copyrighted work. The international community in this case recognizes a doctrine which states that copyright in certain cases has exceptions or limitations. These exceptions or limitations are referred to as the fair use doctrine. Fair use is a huge problem in digital media as many large companies try to ignore fair use in an effort to get more profit. Based on that problem the question is How does the role of copyright act provide protection for accommodation derivative works in Indonesia? The research approach used is normative juridical with descriptive analytical specifications. The results is the regulation of fair use in Indonesia copyright act is still unclear on the definition of 'reasonable interest' so it needs to be interpreted in the event of a legal dispute in the future. Based on this, if a work is not managed in an orderly manner based on legal principles, it can cause a dispute between the copyright owner and the copyright manager or other party who violates it.