The Problem of Copyright for Traditional Cultural Expression in Indonesia: The Example of the “Malang Masks”

Abstract

Folklore, as a part of traditional cultural expression (TCE), has captured the interest of experts in many spheres, including the legal, social, and anthropological. The difficulties exist in attempting to include folklore into copyright regime, as has been done in Indonesian Law Number of 2002 on Copyright. This article will focus on the ambiguity in formulating moral and economic rights of Indonesia’s Copyright Law Number 19 of 2002 which implies various problems in folklore as the object of copyright system. A sui generis law on intangible cultural heritage and a national bank of cultural heritage to protect TCE is needed.

Key words: folklore, copyright, cultural heritage.