Open AccessKajian Terhadap Hak Eksklusif Atas Jingle Dari Perspektif Hak Cipta Dan Merek
Author(s) -
Hosiana Daniel Adrian Gultom,
Ellora Sukardi,
Serlly Waileruny
Publication year - 2021
Publication title -
ajudikasi
Language(s) - English
Resource type - Journals
ISSN - 2614-0179
DOI - 10.30656/ajudikasi.v5i2.3978
Subject(s) - trademark , moral rights , law , context (archaeology) , intellectual property , political science , business , geography , archaeology
Jingle is included in the category of creation in the form of songs or music under copyright law and is included in the type of sound mark in trademark law. Therefor there is a double legal protection for the jingle, namely copyright and trademark. Copyright law protection uses a declarative system while trademark law protection uses a constitutive system. In copyright law and trademark law there are exclusive rights, namely rights granted by the state to the rightful owner. Exclusive rights in copyright are moral rights and economic rights while exclusive rights in trademarks are called trademark rights. With the existence of moral rights and economic rights in the context of copyright law and rights to trademarks in the context of trademark law, various privileges arise for the owner of the jingle. These features are reviewed by the author in this paper with the aim that the jingle owner can understand the moral rights and economic rights in the copyright law system and the rights to trademarks in the trademark legal system that are related to the jingle in a precise and comprehensive manner.