Adaptation Works as Original Creations from an Intellectual Property Perspective (Study of Fans Fiction Works)

Article 40 UUHC contains the creations included in the work protected by the law, especially in science, art, and literature. Nevertheless, Article 40 paragraph 1 letter none of them is a work that is included in the adaptation work. One form of adaptation that has been widely circulated is fan fiction or fan fiction. The fact that fanfiction writers in creating written works in the form of fanfiction take elements in pre-existing fiction works owned by famous figures. A problem arises whether a fanfiction copyrighted work is a work of art or not. However, Adaptation has fulfilled the element of originality and is an object that can be protected by copyright law. This research used empirical juridical law research. Concerning the object of this research, what can be protected from a fanfiction work is the storyline made by the fanfiction writer, which in this case is a contribution made by the creator, in this case the fanfiction writer for the fanfiction work he has made. Where it can be said that the change in the storyline is more than a simple variation, which in its creation process requires creativity and becomes a variation that gives a different appearance to the original creation. So, the storyline created by this fanfiction writer is a contribution whose Copyright is owned by the fanfiction writer himself, derivative works in the form of adaptations such as fanfiction works will receive Copyright protection if in the process of publishing and writing.