Legal Protection against Victims on the Use of Names of Public Figures as Characteristics in Fanfiction Novels

Abstract

Fanfiction is a work created by fans based on existing stories, characters, and settings, which can be interpreted as fans writing fanfiction because of the possibility of it not being by their wishes or expectations for the original work, therefore they adapt the original work and process it accordingly. Rewrite it in fictional form.   The research aims to determine the legal protection for victims for using the names of public figures in fanfiction novels and the criminal sanctions for using the names of famous public figures as covers in fanfiction novels. The research uses normative juridical legal methods. The legal material analysis technique used is the analytical descriptive method. The results of the research show that the criminal sanction for using the name of a famous public figure as a cover in a fanfiction novel is criminal according to the Copyright Law regulated in Articles 112 to 120. The criminal provisions related to violations of works with names of public figures are subject to Article 113 Paragraph (3), namely, "Any person who without rights and/or without the permission of the Creator or Copyright holder commits a violation of the economic rights of the Creator as intended in Article 9 Paragraph (1) letters a, b, e, and/or g for Use Commercially, it is punishable by a maximum imprisonment of 4 (four) years and/or a maximum fine of IDR 1,000,000,000.00 (one billion rupiah). As well as legal protection for victims of the use of names of public figures in fanfiction novels. In the Copyright Law, there is Chapter XIV which specifically regulates the resolution of copyright disputes. Article 95 states that "copyright dispute resolution can be done by alternative means, arbitration or court. If there is a violation of the moral rights of the creator which is one of the limitations of the copyright which has been assigned to someone other than the creator himself, then the owner of the related rights still has the right to file a claim for compensation to the Commercial Court for the violation of Copyright or Related Rights products.