Deconstructing Intellectual Property Rights in Fanfiction: A Case Study on Copyright Protection and Moral Rights

Abstract

The protection of intellectual property rights serves to safeguard the interests of creators by granting them exclusive ownership rights over their creative works. Copyright includes both ethical rights and financial rights. Fanfiction is safeguarded by copyright, which is a form of intellectual property rights. This article presents a case study examining the role of Intellectual Property Rights and Moral Rights in the context of Fanfiction with Normative Legal Research. The fair use doctrine, as implicitly articulated in Article 44, paragraph (1) of the IPR Act of Indonesia and comparation with another regulation, is encompassed within this category. Furthermore, the considerable similarity test is utilized to assess the degree to which similarities and actuality exist in the work. The pattern test entails the analysis of the narrative structure and overall depiction. Finally, the feel and total idea test is employed to assess the essence and attributes of the writing, as well as the implementation of parallels in narrative themes. The establishment of legislation concerning Fanfiction is of utmost importance in order to delineate distinct boundaries between creative pursuits and legal violations. Ensuring the protection of novelists and amateur writers who have a profound emotional attachment to the narratives they have encountered is of utmost importance, as it cultivates their propensity to generate alternative stories.