Catchphrase and its legal protection in the intellectual property rights regime
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“TBL TBL TBL, Takut Banget Loh” is a short phrase that has been gaining popularity. The catchphrase is becoming a hot topic not because of its cuteness, but because of its copyright. The owner of the short phrase, @bondol_jpg, on his Instagram account expressed his disappointment with big brands for using the phrase for promotional purposes without asking for his permission.
Bondol, who revived the 2000s style youth music and trend, considered that professional credit or "sowan" (permission) should be given to him and @nonikmenieszt (Instagram account) as the ones who popularised the phrase.
In an interview with The Finery Report, Bondol recounted the creation of the phrase TBL. It first became popular through TikTok and Instagram. "When the two of us go live, we like to use Facebook poses. Those who watch are afraid, and they often comment, TB (Takut Banget) or TBL (Takut Banget Loh) to make it shorter," said Bondol. Both Bondol and Nonik have entered into many collaborations because this phrase is their trademark.
The action of Shopee Care, Zalora and Holywings to use the abbreviation TBL as a means of promotion is very unfortunate for Bondol. Before raising this issue on his social media, Bondol had contacted the related parties, but received no response.
The question that arises is whether a short phrase popularised by an individual can get legal protection in the intellectual property rights class?
Catchphrase and copyright
Catchphrase according to the Great Dictionary of the Indonesian Language (KBBI) is a group of vocabulary (a set of words) used in a certain environment. We often hear the term catchphrase when we participate in activities such as basic leadership training, where catchphrase is used as a collection of short, catchy words that represent the identity of a particular group.
In the business world, the word catchphrase is commonly known as a tagline which is generally created by copywriters to promote the identity of a particular product. “Apapun makanannya, minumannya Teh Botol Sosro” is one of the most popular taglines. Tagline is made with the aim of being memorable and persuading consumers to make a purchase.
Today, celebrities, content creators and those in the entertainment world are creating a tagline so that they can be easily recognised by the public. For example, the word "sesuatu" which, when said in a particular tone, will immediately remind us of Syahrini.
It also applies to “kalo aku sih yes”, a phrase that may have been accidentally uttered by musician Anang Hermansyah which has stuck with him until now. It's the same with Bondol and Nonik Manis who popularise the phrase “TBL TBL TBL Takut Banget Loh”.
In Copyright Law, a short phrase like the ones mentioned above does not fall within the scope of the protected object. A tagline or short phrase can only be protected if it is integrated with one of the types of objects protected by the Copyright Law. For example, if the tagline has a tone, it can be categorised as a song that is the object of copyright protection.
Taglines that have a tone are generally known as jingle, which is usually used by companies as a means of branding. Some examples of a jingle is Frisian Flag’s “aku suka susunya hingga tetes terakhir…” and the jingle of the flour company Rose Brand.
Catchphrase as part of the rights to trademarks and services
Despite not being an object of protection under the Copyright Law, catchphrase can be protected through the Trademark Law as an inseparable part of a company's trademark and services. Some taglines that could obtain protection of trademark rights (if registered) are Chitato’s “life is never flat” or Silverqueen’s “ada Silverqueen ada santai”.
A tagline can only obtain protection under the Trademark Law if it is a part of a certain brand, whether it is goods or services, that trades something that can be valued in money, has a logo and has been registered.
Thus, a catchphrase or tagline that does not meet the requirements mentioned above cannot obtain protection under intellectual property rights. However, in addition to applicable legal values, there are also moral values that must be taken into consideration, as Bondol and Nonik Manis hope for.