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.