蜡染法独立创作者对著作权的理解(对2014年著作权法第28号法的研究)

C. Mauli
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引用次数: 4

摘要

本研究讨论的重点是作为西方(资本主义)国家法律文化渗透的体现的第一部著作权法,它以个人主义的细微差别作为成文法。其次,《著作权法》作为一种活法在社会中适用的地方社区的法律文化(活法)。本文的目的是了解和解释,在这种情况下,不是将法律作为成文法(成文法)来实施,而是在印度尼西亚社会中,特别是在蜡染lawweyan工匠中,这意味着版权法,因此,它有望解释为什么版权法不能在印度尼西亚发挥最佳作用,这是一个以许多侵权或盗版为标志的版权作品。本文的方法是社会学研究方法的定性方法,而作为基础的范式是社会定义范式,其目的是通过解释来理解社会行为,根据其原因解释其发展路径及其后果。运用的理论是互动主义理论,以社会定义范式为基础,主要强调社会心理学的观点,其主要目标是个体在其个人人格中以及内部意见和情绪与社会行为之间的相互作用。运用符号互动理论的方法,本研究将能够进一步揭示特定社区群体通过与现有社会行为的互动而产生的行为。现象学理论还认为,如果人类赋予自己的行为某种意义或意义,那么人类的行为就会成为一种社会关系,其他人也会适当地理解他们的行为,这意味着人类是社会生物,因此对日常生活的意识是绝对放大的。从研究结果来看,版权法在洛威延蜡染工匠社区的应用与爪哇法律文化中提倡的邻里和谐、以邻为睦、相互合作存在冲突。如果严格执行著作权法,将会对邻里生活环境造成干扰。因为大多数蜡染lawweyan工匠住在一起,甚至还有亲属关系,所以当涉及到要求或垄断一项工作时,就会导致邻居的不情愿。他们认为即使是蜡染艺术也是他们的财产,来自他们祖先的财产,所以任何人都可以模仿和制作它。
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UNDERSTANDING OF THE BATIK LAWEYAN SOLO CREATOR FOR COPYRIGHT (STUDY OF LAW NUMBER 28 OF 2014 CONCERNING COPYRIGHT)
The focus of the discussion in this study is the First Copyright Law as an embodiment of penetration of the legal culture of Western (capitalist) countries with individualistic nuances as positive law. Secondly, the culture of the laws of the local community where the Copyright Law is applied as a living law in society (Living law). The purpose of this paper is to know and explain not the implementation of the law as a positive law (positive law) in this case what is meant is the Copyright Act, in an Indonesian society and the Batik Laweyan craftsmen in particular, so that it is expected to explain why Copyright Law cannot function optimally in Indonesia which is marked by the many violations or piracy of a copyrighted work. The method in this writing is a qualitative method with the Sociological Research approach, while the paradigm used as the basis is the Paradigm of Social Definition with the aim of understanding social behavior through interpretation by explaining the path of development and its consequences according to its causes. Based on the social definition paradigm, the theory used is interactionism theory, which mainly emphasizes sociopsychological perspectives, the main goal of which is the individual in his personal personality and the interaction between internal opinion and one's emotions with social behavior. With the Symbolic Interaction Theory approach, in this study will be able to further reveal the behavior of certain community groups by interacting with existing social behavior. And also with the Phenomenology Theory is that human action becomes a social relationship if humans give a certain meaning or meaning to their actions, and other human beings also understand their actions as appropriate which means that humans are social beings, so that the awareness of daily life is an absolute magnification. As for the study findings it turns out, the Copyright Act in the application in the Laweyan Batik Craftsman community is in conflict with the Javanese legal culture that promotes harmony between neighbors, ewuhpekeweuh, tepasliro, mutual cooperation. If the law of copyright is strictly enforced, it will result in disturbance of neighborly living conditions. Because most Batik Laweyan craftsmen live next to each other even there is still a kinship, so that when it comes to demanding or monopolizing a work, it will lead to neighboring reluctance. They assume that even the art of batik is their property from the property of their ancestors so that anyone can imitate and make it.
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