Proceedings of the 2nd International Conference on Law and Human Rights 2021 (ICLHR 2021)

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Study on the Application of the Concept of Substantial Similarity for the Protection of Architectural Works Towards Renewal of the Copyright Law in Indonesia

Authors
Taufik H. Simatupang1, *, Trisapto Wahyudi Agung Nugroho1, Imam Lukito1, Antonio Rajoli Ginting1
1The Agency of Research and Development of Law and Human Rights, of the Ministry of Law and Human Rights of The Republic of Indonesia Jakarta, Indonesia
*Corresponding author. Email: TaufikHSimatupang73@gmail.com
Corresponding Author
Taufik H. Simatupang
Available Online 23 November 2021.
DOI
10.2991/assehr.k.211112.018How to use a DOI?
Keywords
substantial similarity; architectural works; copyright law
Abstract

Indeed, architecture is a work of art that is highly valued and economically valuable. An architect who can produce architectural works and get world recognition is certainly a technical master in making it and someone who has a taste of an artist. However, few architectural works have similarities, so how can we measure that the later works are independent or imitations. Therefore, this study intends to answer two problems: how to regulate the protection of architectural works in Indonesia today and how to describe and measure the concept of substantial similarity in the protection of architectural works. This study aims to offer changes to the Copyright Law in protecting the originality of architectural works with the concept of substantial similarity in Indonesia. The research method used is juridical normative through literature search studies using primary, secondary, and tertiary legal materials. From the research results, it can be concluded that the Copyright Law does not yet regulate in detail how the qualitative measures of acts are considered an imitation of architectural works. Therefore, Indonesia needs to technically regulate imitation measures that are considered substantively in violation of the overall shape, spatial composition, and design of architectural work through changes and renewal of the Copyright Law.

Copyright
© 2021 The Authors. Published by Atlantis Press SARL.
Open Access
This is an open access article under the CC BY-NC license.

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Volume Title
Proceedings of the 2nd International Conference on Law and Human Rights 2021 (ICLHR 2021)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
23 November 2021
ISBN
10.2991/assehr.k.211112.018
ISSN
2352-5398
DOI
10.2991/assehr.k.211112.018How to use a DOI?
Copyright
© 2021 The Authors. Published by Atlantis Press SARL.
Open Access
This is an open access article under the CC BY-NC license.

Cite this article

risenwbib
TY  - CONF
AU  - Taufik H. Simatupang
AU  - Trisapto Wahyudi Agung Nugroho
AU  - Imam Lukito
AU  - Antonio Rajoli Ginting
PY  - 2021
DA  - 2021/11/23
TI  - Study on the Application of the Concept of Substantial Similarity for the Protection of Architectural Works Towards Renewal of the Copyright Law in Indonesia
BT  - Proceedings of the 2nd International Conference on Law and Human Rights 2021 (ICLHR 2021)
PB  - Atlantis Press
SP  - 142
EP  - 146
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.211112.018
DO  - 10.2991/assehr.k.211112.018
ID  - Simatupang2021
ER  -