| Summary: | Television movie or FTV is one of the most popular television show in Indonesia over the last few
years. With a production budget that is relatively small compared to the big screen movies, FTVs are
heavily relied on interesting storyline. It is unfortunate that many Indonesian FTVs are illicitly taking
or copying screenplay or storyline of foreign films that are already existed. In other word, plagiarizing.
But until now, the plagiarism was allowed to happen as if there is nothing wrong with it. Film is one of
the creations that are protected by Copyright, pursuant to Article 12 paragraph (1) letter k of
Indonesian Copyright Act Number 19 of 2002 on Copyright. In addition, according to Article 76,
foreign films which are plagiarized are included as creations that are reserved by Indonesian
Copyright Act on the grounds that Indonesia and the country of origin of the foreign films in question
are members of the same International Agreements on Copyright. In other words, foreign film scenario
plagiarism in Indonesian FTV is a violation of Indonesian Copyright Law.
The rights that have been violated are Exclusive Rights held by the Copyright Owner of foreign films
concerned, namely economic rights and moral rights. However, without objection from the Copyright
Owner, the state can prosecute the offenders of copyright given the fact that Copyright infringement is
regarded as a regular crime. So that may be enforced by the Criminal Provisions in the Copyright Act.
Thus, referring to the context of the Indonesian Copyright Act, Indonesian government should take
actions against plagiarism of foreign films in the television movie for the enforcement of Intellectual
Property Law in Indonesia. Especially considering the capacity of Indonesia as a member of
International treaties on copyright including the TRIPs Agreement, WIPO Copyright Treaty, and Berne
Convention.
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