ANALISIS TENTANG PEMEGANG HAK CIPTA DALAM KASUS FILM BENYAMIN BIANG KEROK BERDASARKAN UU NO. 28 TAHUN 2014 TENTANG HAK CIPTA

Abstract

In the beginning of 2018 a dispute on Copyrights of the movie Benyamin Biang Kerok happened. The movie’s script was written by Syamsul Fuad, a writer who at 1972 worked with the director and also production house N.V Harapan Film who made the script become a movie. Benyamin Biang Kerok was then rebooted in a new version, by PT. Falcon Pictures and PT. Max Pictures, which are two differen production houses. Syamsul Fuad the writer of the Benyamin Biang Kerok 1972 script then filed a lawsuit against PT. Falcon Pictures and PT. Max Pictures, however the court refused. N.V Harapan Film who turned the script to a film wasn’t sued by Syamsul Fuad. 2 proves that was given by PT. Falcon Pictures and PT. Max Pictures are, contract on selling the copyrights of the movie with PT. Layar Cipta Karyamas Film on 2010 which was reported to Dirjen HKI, and a permit from Yayasan Benyamin Suaeb on 29 September 2016 to produce the movie Benyamin Biang Kerok with a new storyline. Syamsul Fuad isn’t the copyrights owner of the story Benyamin Biang Kerok because when writing the script for the movie, he was working as a writer in N.V Harapan Film production house which was coordinated by the producer. Copyrights to the story Benyamin Biang Kerok therefore is held by the producer or the production house of the film. Syamsul Fuad as the writer of the story only recives Moral Rights as a script writer