Introduction PROTECTION OF THE NEW WAYANG KULIT CHARACTER AS THE CREATION OF SHADOW MASTER (KAWI DALANG) FROM INDONESIAN AND AUSTRALIAN COPYRIGHT LAWS PERSPECTIVE.

kulit to subtle societal changes, ensuring the wayang kulit performance remains relevant to the modern life of Balinese people. This creative element is known as Kawi Dalang - the creativity Kawi of the dalang . Creativity is not only essential to the survival of the genre, but ensures each production to be distinct and unique. Kawi Dalang demands each and every performance be changed to reflect the changing place-time-circumstances, or desa- kala-patra as it is known to Balinese people. 10 Kawi Dalang is a term referring solely to the dalangs creativity and improvisation in his or her performance. Kawi refers to two different things: firstly, an action of aesthetic creation by the artist, and secondly, the name of a language. Used in the context of creativity, Kawi means creation, improvisation, invention, or modification. The composer of a play is called pangawi – the person who created a kawi . 11 Kawi Dalang in wayang kulit performance consists of many acts, organized and spontaneously improvised to create imaginative, colorful and surprising performances that use music, characters, word play movement and activity to create performances the surprise and excite. 12 Dalangs draw inspiration from the works of the old artists. It is not uncommon for artists to imitate or copy the ideas of other artists, creating a performance that reflects the work of each other‟s puppetry style. These are both in composing stories lakon , packing the forms of performances, the puppets form creation, even to the jokes. It is because the psychological understanding of the artists, especially for the traditional artist. It became an honour for the artist that their works used by the other artist. Moreover, the concept of ngayah , which is promoted by Balinese traditional artists, takes art as a medium to foster and educate the public as their charitable and social work. However, when these concepts intersect with commerce, the right to copyright protection crystallizes. The issue is that of other people copying a new wayang kulit character without the permission of the creator for economic purposes for personal gain. This results in a copyright infringement, depriving the dalang of the ability to derive the economic and moral value of their creations. Commonly, the copyright of dalangs is not well understood by Balinese traditional artists. This research uses a comparative approach to review the statutory copyright protections of afforded by Indonesian Law No. 28 of 2014 concerning Copyright and the Australian Copyright Act 1968. As Bali is part of Indonesia, in which the civil law prevails, this research will attempt to compare the protection of puppetry and art related to it, from the perspective of the copyright regime of Australia, a common law jurisdiction. The analysis will examine firstly, whether wayang kulit would be protected under Australian copyright law as well as Indonesian; and secondly, whether Indonesian copyright law and Australian copyright law provide a mechanism to resolve copyright infringement of wayang kulit . The research will briefly consider the question of copyright in an international context. 10 Ibid., p. 2. 11 Ibid. 12 Ibid., p. 11-12.

II. The Protection of

Wayang Kulit Under Indonesian and Australian Copyright Law Dimensions A. Wayang Kulit and Its Development The island of Bali in Indonesia, is famed for its traditional cultures and beauty. The Balinese community is one of many communities in Indonesia that strongly preserve its cultural heritage. Bali ‟s cultural heritage makes it a world renowned tourist destination where traditional performances attract large numbers of tourists. Performances such as Legong dance, Barong dance, Kecak dance, drama gong theatrical performances combined with humour and wayang kulit . Wayang Kulit is a performance tradition, evolved in parallel with societal changes of the Indonesian people, especially the Balinese people. Wayang kulit is part of a tradition that has been passed down from one generation to the next. It is grounded in values of truth and right, and is voluntarily preserved by community respect and practice, without any element of coercion. 13 In everyday Bali, many dalangs are creating evermore objects to construct equally creative Balinese wayang kulit performances . There are several wayang genres and two forms of wayang wong 14 dance-drama. Among the many existing genres, the Wayang Parwa and Ramayana remain the most prominent of all genres, becoming the soul of Balinese wayang genres. These are the genres fundamental to wayang, essential to the dalang ’s performance art. Because the repertoire within the story of Mahabarata and Ramayana, both emanating from the Indian Hindu epic, has many dramatic scenes, dalangs have a rich tapestry of diversity and adaptable performance capability. There is also wayang kulit that uses Indonesian stories as source material and includes Wayang Gambuh 15 , Wayang Cupak 16 , Wayang Calonarang 17 , Wayang Sasak 18 . The innovation and creativity of dala ngs is now more highly developed and competitive. Occasionally, dalangs create joint or collaborative works with local or foreign artist. The transition from conservative traditional forms of wayang to the innovative form of today commenced in 1970s, and since 1990s modern developments became more clearly recognizable. While there are examples of the innovative works of wayang kulit, 13 Ki Kasidi Hadiprayitno, Development and the Future of Pedalangan Gagrag Yogyakarta Art” [ Perkembangan dan Masa Depan Seni Pedala ngan Gagrag Yogyaka rta ”] , Submitted to the Wayang Indonesia Meetings, 1999. Held by Senawangi and Pepadi Center works, TMII-Jakarta, January, 8 th -10 th , 1999, p.2 14 Wayang wong is wa yang performance which use human dancer as the media to explain the story. They act with dance and using specific masks. For each type, Parwa and Ramayana , they both have their own rules as to decide which dancer should use mask. 15 It comes from Majapahit kingdom era. Wayang Gambuh is performed along with Gamelan Paga mbuhan as its music , uniquely lead by long bamboo flutes with the artistic melody. S ee also, I Nyoman Sedana, Op.Cit. p.23. 16 The story of this genre is solely derived from Geguritan Cupak Grantang . It is about the Cupak and Grantang brotherhood story that have an opposite personality that is originated from Tabanan Regency, Bali. See also, I Nyoman Sedana, Op.Cit. p.26 17 The story is basically about the mystical dark magic of Walu Nata , the womans the widow king of Dirah, who angry because of the rejection from Airlangga the king of Kediri to married her child Ratna Mangali. She sended an witchcraft and illnes to the Kediri Kingdom. See also, I Nyoman Sedana, Ibid., p. 24-25. 18 Wayang Sa sak is originated from Sasak, Lombok. The form is now found in Karangasem, the eastern part of Bali. The narrative repertoires are taken from Muslim myths, which are recorded in the Serat Menak manuscript, primarily featuring the victory of Islam in Arabia. See I Kadek Widnyana, Field Research Report in Karangasem and Klungkung Regencies” [“ Laporan P raktik Kerja Lapangan di Ka bupaten Karangasem dan Klungkung ],Denpasar: sekolah Menengah Karawitan Indonesia, 1985, p.8. they retain their traditional roots. These are 1 Wayang Arja that transforms the Arja 19 drama in Bali into wayang form by dalang Made Sija in 1976; 2 Wayang Tantri 20 which was first created in 1980 by ASTI 21 Akademi Seni Tari Indonesia in Denpasar; 3 Wayang Babad 22 , first created by I Gusti Ngurah Serama Semadi in 1989 23 . One of the many examples of the innovative modern works of wayang kulit performance is Wayang Listrik ; it is a collaborative work of dalang I Wayan Wija, dalang I Made Sidia, many other dalang and American, Lary Reed. 24 . Unfortunately, the traditional wayang kulit stages such as in Bale Banjar 25 cannot accommodate the dynamic shifting of theatrical scenic effects demanded by these compositions. Therefore, this traditional performance can only be performed through collaborative performances between local dalangs and foreign artists. In 1960, innovation in the presentation of wayang kulit performances was started by Dalang I Ketut Rupik. He performed the wayang using a truck stage, and a mounted enclosure that concealed his assistants ketengkong and musician . He became known as the dalang who created travelling wayang. Occasionally, he used unlikely representations in his performances, including scenes involving planes, motorbikes and cars in exaggerated scales 26 . With the new millennium, Dalang Cenk Blonk, or I Wayan Nardayana was the pioneer of an innovative movement in developing the traditional format of wayang kulit. After commencing bachelor studies in ISI Denpasar around 2004, he experimented with ideas to return the wayang performance to its former glory as the performance of the ages for all people. Nardayana work was characterized by humor, frank dialogue and contemporary issues. He is a continuous innovator, using coloured light and sound effects to create illusions and to support the story; he uses an unusual display screen kelir of 6 x 1.5 meters in his performances. 27 He also uses the enlarged wayang puppet, again distinct from the common tradition of small compositions. Further, at only 2112 hours in length, the duration of Nardayanas show is also unlike the traditional all night performance. He uses gerong – female singers sinden to accompany the wayang performance. These adaptations and innovations make the wayang kulit performance attractive to audiences of all ages and ensures the contemporary nature of wayang kulit . Following in Nardayana ‟s footsteps, many dalangs such as Dalang Joblar ABG I Ketut Muada and 19 Arja is a kind of typical Balinese opera. It is a dance drama with singing as a media to communicate the dialogue or known as macapatpupuh and use gaguntangan as its music. 20 Wayang Tantri based its story from Kidung Tantri Kamandaka, wich is a story in story model of famous poetry in Bali. There are many stories inside it mostly the fabel story. Now days, Dalang I Wayan Wija has develop wa yang tantri not only based from the Tantri Kamandaka story, but also every fable story that presented refers to Wayang Tantri. 21 Now is known as ISI Indonesian Institute of Art Denpasar. 22 Wayang Babad uses story from Babad which is the historical and legend stories that connected with the Kingdoms era of Bali. Therefore, these stories guide Balinese people to their ancestors stories. 23 I Nyoman Sedana, Op.Cit., p. 19 24 This wayang kulit performance Wayang Listrik is a combination between European theater and Balinese wa yang kulit that using wide screen, projector to give realistic view of scenery and skateboard as the chair for the dalang as to make him to move easily and dynamically. Additionally, people also call this Wayang Listrik as Wayang Skateboard . See Catherine Diamond, Wayang Listrik: Dalang Larry Reeds Shadow Bridge between Bali and San Fransisco. Theater Research, Cambridge: Cambridge Journal, 2001 p. 257- 276. 25 A place where customary communities in Bali usually gather for a mood court, custom meeting, as well as a multipurpose hall, sometimes it also used to held a performance both for ceremony purposes or for entertainment. 26 Lontar Digital Library, Wayang Kulit Luk-Luk, http:dl.lontar- library.orggdl.php?mod=browseop=readid=jkpklontar-ldl-8755, Accesed on 8 Desember 2015. 27 Typically, the screen size used is approximately 2 ½ x 3 metres.