Winnie Awfa Adriani, . (2025) COPYRIGHT AND TRADEMARK CONTROVERSIES : WINNIE THE POOH CHARACTERS IN BLOOD AND HONEY. Syiah Kuala Law Journal, 9 (3). pp. 135-153. ISSN 2580-9059
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Abstract
The entry of Winnie the Pooh into the public domain in 2022 has implications for Intellectual Property law, especially for the Winnie the Pooh Blood and Honey Movie. This research aims to analyze the legal implications of public domain copyright, related rights in the film industry, and Well-Known Mark trademark rights. The research method used in this writing is normative juridical, by examining the provisions of International and Indonesian Law. Based on the analysis, the Winnie the Pooh character is already in the public domain, but in the film there are legal risks in related rights, such as performers, phonogram producers, and broadcasting institutions. In addition, there are trademarks that are still held by Disney while still providing legal protection for the visual elements of the Winnie the Pooh character. The production of movie merchandise such as clothing and books in this case has the potential to infringe trademarks in certain categories. This poses risks such as first, brand confusion, second, reputational damage (tarnishment), and third, blurring of brand identity. Although the copyright is already public domain, Disney can seek financial compensation for the losses suffered. As well as requesting the cessation of distribution of works to protect the brand from reputation damage and financial loss to Winnie the Pooh Blood and Honey Production House.
Item Type: | Article |
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Additional Information: | [No. Panggil : 2110611066] [Pembimbing : Rianda Dirkareshza] [Pembimbing 1 : Heru Sugiono] [Pembimbing 2 : Taupiqqurrahman] |
Uncontrolled Keywords: | Copyright, Public Domain, Related Right, and Trademark |
Subjects: | K Law > K Law (General) |
Divisions: | Fakultas Hukum > Program Studi Hukum (S1) |
Depositing User: | WINNIE AWFA ADRIANI |
Date Deposited: | 19 Feb 2025 02:45 |
Last Modified: | 19 Feb 2025 02:45 |
URI: | http://repository.upnvj.ac.id/id/eprint/35851 |
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