KONSEP LAHIRNYA HAK CIPTA TERHADAP CIPTAAN BERDASARKAN UNDANG-UNDANG NOMOR 28 TAHUN 2014 TENTANG HAK CIPTA

Copyright is an exclusive right that arises automatically over a creation since i tis realized in real form, without requiring registration. This study aims to determine and analyze how the concept of the birth of copyright to the creation based on Act No. 28 Year 2014 on Copyright, as well as to examine the parameters of originality as the main requirement for copyright protection. The type of research used is normative juridical, with a conceptual approach and case approach through literature studies and court decisions. The result of this study is still a problem of proving originality in practice, especially when there is a dispute. Second, the parameters of originality have not been explicitly regulated in the law, giving rise to ambiguity in its implementation. Third, the two court decisions analyzed show that the first announcement and open use are strong evidence in determining the legitimate creator. Fourth, the Indonesia legal system still does not clearly distinguish between administrative recording and substantive recognition of copyright. Fifth, when compared to the legal system in Europe, the application of originality standards in Indonesia still tends to be loose and requires refinement. Therefore, it is necessary to strengthen the norms that clearly regulate the parameters of originality, as well as public education for a better understanding of the declarative principle and copyright.