Penyelesaian Pembagian Hak Cipta dan Hak Atas Merek Sebagai Harta Bersama dalam Perceraian Islam

Abstract

This study aimed is to investigate the copyright and rights to trademarks created during a marriage which can be qualified as joint property according to Islamic marriage law and the settlement of the distribution of the copyright and rights to trademarks as a joint asset in Islamic divorce. The problem statements in this study include: 1) Can the copyright and rights to a trademark created during the marriage be qualified as joint property according to Islamic marriage law? 2) How to settle the distribution of the copyright and rights to trademarks as a joint asset in Islamic divorce? This normative study employed a conceptual approach and a descriptive-analytical method. The analysis results show that the copyright and trademark rights can be qualified as joint property since a trademark is categorized as an asset due to its economic value, including royalty or financial benefits. Copyright and trademark rights can become joint property if it can be proven that the trademark is produced during the marriage. The distribution of copyrights and trademark rights means the distribution of royalties or financial benefits resulting from the trademark. Meanwhile, other rights such as moral rights contained in the copyright will keep attaching to the creator. In addition, the percentage of the distribution of financial benefits or royalties is divided according to the roles and responsibilities of husband and wife in the household. Keywords: Copyright, Right to Trademark, Shared Assets