Discourse on Moral Rights and Freedom of Expression
Heniyatun, Chrisna Bagus Edhita Praja*, Puji Sulistyaningsih, Nico Sunarko Putra
Faculty of Law, Universitas Muhammadiyah Magelang
*chrisnabagus[at]ummgl.ac.id
Abstract
Moral Rights are perpetual rights to protect a work from distortion, mutilation, modification of a Work that are detrimental to its self-honor or reputation. However, there is no creator parameter if it suffers a loss from its honor and reputation. In general, the community perspective considers that "habits" are part of freedom of expression. The primary substance "everyone shall have the right to freedom of expression" becomes a bastion as a form of self-actualization or displaying its expression in public. This study aims to identify the limits of the right of integrity in moral rights in relation to freedom of expression by comparing the protection of moral rights in Indonesia, France, America, and Germany. This research is a normative juridical study with the statue approach, conceptual approach, and comparative approach. The research specifications used are descriptive-analytical. Data collection techniques using the library research method. The results of the study show that the limitations for users of other peoples creations in Indonesia adhere to Article 27-29 of the Electronic Information and Transaction Law (ITE Law) and Article 43-50 of the Copyright Law which governs the principle of fair use. The results of the comparison of the regulation of Moral Rights in Indonesia, France, America, and Germany show similarities in regulation. The equation is a consequence of the ratification of the Berne Convention by meeting minimum standards of protection. However, there are fundamental differences due to the influence of state policy factors that consider copyright a derogable right (rights that can be reduced or restricted by the State). America is more focused on the principle of expediency by prioritizing the economic rights of the creator. In contrast to Indonesia, France, and Germany, where there is a balance between economic rights and the moral rights of the creator.
Keywords: right of integrity; freedom of expression; moral right; fair use doctrine
Topic: Law