Legal advice model for expanding the copyright of plastic works through brands
copyright; trademarks; protection.
Several authors, advertising professionals, and other creators produce visual works that will be protected by copyright and related legislation. Authors are granted rights and responsibilities, including the right to decide on the use and commercialization of their works. However, authors' rights are frequently infringed upon through the unauthorized use of their works or parts thereof. The challenge lies in the lack of legal guidance on which elements of a work can be protected through other legislations, aiming to expand and ensure effective protection of the works. When a work is infringed upon, the typical approach involves utilizing the punishment parameters for the infringer outlined in the Copyright Law. However, trademarks, provided for in industrial property rights, can serve as an important legal mechanism that enables the expansion of copyright and increases the likelihood of success in legal disputes. Therefore, it is essential to establish an efficient legal advisory model to enhance the effective management of assets derived from visual works. The potential for expanding protection will be explored through the analysis of which elements in the works can be subject to trademark registration and the benefits or drawbacks arising from this strategy. Using an inductive approach and analyzing legislations, judicial precedents, and doctrines, this study aims to provide a guide that assists in the best practices for efficient legal advisory of visual works.