Protection of Tattoo Artworks in the Perspective of Intellectual Property Rights
I Putu Andika Pratama(a)* I Made Artana (a) Anak Agung Gede Agung Indra Prathama (a)

Faculty of Law Ngurah Rai University

Abstract

Tattoos in each region have their own characteristics, both in terms of design and in terms of manufacturing techniques. Tattoos are included as works of art because they involve drawing patterns or designs. Each region or country has its own characteristics for tattoo images. However, how tattoo artworks are legally protected in Indonesia is the object of this study. In particular, this study examines the form of protection of tattoo artworks from the perspective of intellectual property rights. This research is a doctrinal research. There are three types of legal materials used to achieve the said goal such as primary, secondary and tertiary legal materials. These materials were collected using the documentation study technique. In addition, there are three approaches used such as the statute approach, the fact approach, and the conceptual and analytical approach. The results of the study show tattoos as an object of copyright protection in images receive protection automatically provided as stipulated in the Indonesian Copyright Law. Tattoo motifs need to be protected as one of the Traditional Cultural Expressions as prescribed in the Indonesian Copyright Law. Protection of traditional cultural expressions in tattoos is given considering that the designs and techniques for making tattoos are mostly closely related to the values or traditions that live in society. Indonesian must inventory, maintain and preserve the existence of tattoos as one of the state^s traditional cultural expressions.

Keywords: tattoo, protection, traditional cultural expressions, copyrights.

Topic: Intellectual Property Rights