Peran Pasal 1317 KUHPerdata dalam Melindungi Hak Moral Pencipta Karya Musik

The realm of intellectual property rights is vast and intricate, encompassing various forms of creative expression. Among these, musical compositions hold a special place, embodying the unique artistry and emotional depth of their creators. Protecting the rights of these creators is paramount, ensuring that their creative endeavors are recognized and valued. In the Indonesian legal framework, Pasal 1317 of the Civil Code (KUHPerdata) plays a crucial role in safeguarding the moral rights of music composers. This article delves into the significance of this legal provision, exploring its provisions and how it empowers creators to assert their rightful claims.

The Essence of Moral Rights

Moral rights, distinct from economic rights, are inherent to the creator and are non-transferable. They represent the creator's personal connection to their work, encompassing the right to attribution, the right to integrity, and the right to oppose any distortion, mutilation, or other modification of their work that would be prejudicial to their honor or reputation. These rights are fundamental to the creator's identity and artistic integrity.

Pasal 1317 KUHPerdata: A Bastion for Moral Rights

Pasal 1317 KUHPerdata explicitly recognizes and protects the moral rights of creators, including music composers. It states that the author of a work has the right to claim authorship of the work and to oppose any distortion, mutilation, or other modification of the work that would be prejudicial to their honor or reputation. This provision serves as a cornerstone for safeguarding the moral rights of music composers in Indonesia.

The Right to Attribution: Ensuring Recognition

The right to attribution is a fundamental aspect of moral rights. It ensures that the creator is acknowledged as the author of their work. In the context of music, this means that the composer's name must be prominently displayed on any recordings, performances, or reproductions of their compositions. Pasal 1317 KUHPerdata reinforces this right, preventing unauthorized use or attribution of a composer's work to another individual.

The Right to Integrity: Protecting Artistic Vision

The right to integrity safeguards the creator's artistic vision and prevents unauthorized alterations or modifications that could compromise the integrity of their work. This right is particularly relevant in the realm of music, where even minor changes to a composition can significantly alter its character and artistic intent. Pasal 1317 KUHPerdata empowers composers to oppose any modifications that could harm their reputation or artistic integrity.

Enforcement and Remedies

The Indonesian legal system provides mechanisms for enforcing moral rights. Composers can seek legal remedies, such as injunctions, damages, and other appropriate measures, to protect their rights. The courts have the authority to order the cessation of infringing activities and to award compensation for any harm caused to the composer's reputation or economic interests.

Conclusion

Pasal 1317 KUHPerdata plays a vital role in protecting the moral rights of music composers in Indonesia. By recognizing the right to attribution, the right to integrity, and the right to oppose prejudicial modifications, this legal provision ensures that composers are acknowledged for their creative contributions and that their artistic vision is preserved. The enforcement mechanisms available under Indonesian law provide composers with the tools they need to safeguard their moral rights and to seek redress for any violations. As the music industry continues to evolve, it is essential that legal frameworks like Pasal 1317 KUHPerdata remain robust and effective in protecting the rights of music creators.