– Government Regulation No. 16 of 2020 on Registration of Related Creation and Rights Product, effective since February 28, 2020.
– Law No. 28 of 2014 on Copyright, effective since October 16, 2014.
– Government Regulation No. 7 of 1989 on the Amendment of Government Regulation No. 14 of 1986 on Copyright Council, effective since April 5, 1989.
– Government Regulation No. 1 of 1989 on Translation and/or Reproduction of Works for Education, Science, Research and Development, effective since January 14, 1989.
– Government Regulation No. 14 of 1986 on Copyright Council, effective since March 6, 1986.
Membership in International Conventions
– WIPO Copyright Treaty, by virtue of Presidential Decree No. 19 of 1997.
– Berne Convention for the Protection of Literary and Artistic Works, since 1997, by virtue of Presidential Decree No. 18 of 1997.
– WIPO Performances and Phonograms Treaty (WPPT) of 1996, by virtue of Presidential Decree No. 74 of 2004.
– WTO's TRIPS Agreement, by virtue of Law No. 7 of 1994.
– Marrakesh Treaty, since April 28, 2020.
– Beijing Treaty on Audiovisual Performances, since April 28, 2020.
Introduction: copyright exists for original creations in the field of science, literary and artistic works, created by one or several creators, who, based on his/their inspiration and imagination create a work characteristically his/their own. Aside from protection of moral rights and economic rights, which resides with the original author(s), legal protection is extended to cover related rights given to performers, producers of phonogram and broadcasting organizations.
Protected and unprotected works: (a) books, pamphlets, and other forms of written papers; (b) speeches, lectures, and other similar forms of work; (c) props for teaching materials; (d) music and songs with or without text; (e) drama, musical drama, dance, choreography, puppetry/wayang, and pantomimes; (f) works of art in the form of paintings, pictures, carvings, calligraphy, sculpture, statues, or collages; (g) architecture works; (h) maps; and (i) Batik art or other art motifs. The Law No. 28 of 2014 introduced four new works not previously covered, namely: (a) translation, adaptation, arrangement, transformation, or modification of traditional cultural expression; (b) compilations of creations or data, including in digital format; (c) original compilations of traditional cultural expression; and (d) video games. There are several types of works that do not constitute protected works under the new Law as follows: (a) works that have not been materialized into a real and concrete creation; (b) ideas, procedures, systems, methods, concepts, principles, findings/discoveries or data, even if the work has been expressed or explained in a creation; and (c) tools, equipment, or products that are designed to address a technical issue or for functional purposes. The prevailing Copyright Law also recognizes rental rights given to authors or copyright holders of cinematographic works, phonogram or computer programs. A copyright in the sense of economic rights is an intangible asset, so it can be transferred partly or wholly, by: inheritance, donation, benefaction, testament, written agreement, or other reasons justified by laws and regulations. Copyright is an intangible moving object and can be used as an object of fiduciary (can be appliedaccording to law and regulations). To protect moral rights of the creator, the creator can own, namely: (a) copyright management information; and/or (b) copyright electronic information.
Copyright management information includes information regarding: (a) method or system which can identify the originality of the substance of the works and the author’s work; and (b) information code and code of access.
Copyright electronic information includes: (a) any works derived and electronically attached to the relation with the publication of works; (b) name of the author of the works; as known as or a pseudonym; (c) the owner of any rights in the work as the copyright holder; (d) term and condition of the use of the works; (e) number; and (f) information code. Copyright management information and copyright electronic information owned by the owner of the work is prohibited to be removed, altered, or damaged.
Technological control measures: any technology, equipment, or component which is designed to prevent or to restrict any acts that is not allowed by the author, the holder of copyright, owner of related rights, and/or prohibited by law and regulations. The technological control measures to safeguard the right of the author must not be damaged, destroyed, eliminated or made to malfunction, except with the permission of the author.
Filing and Protection
Applicant: the author and/or the copyright holder.
Registration: a work being registered in the General Register of Works may not be construed to mean a validation of the content, meaning or form of a registered work. Registration is executed by the Directorate of Copyright, Industrial Design, Trade Secret and Layout Design of Integrated Circuit of the Department of Law and Human Rights of the Republic of Indonesia in a General Register of Works.
Scope of protection: copyright protection includes works in the field of science, artistic works and literary. Translations, interpretations, revisions, copies or prints, a music composition, computer programs and certain traditional or indigenous arts (batiks), as well as multiplying the number of the original design, all will be protected as his/their own work, while not lessening the moral right of the author. The government after prior deliberation with the Copyright Council, may, for the purpose of education, scientific and research, obligate the copyright holder or on its own initiative, instruct a third party to translate into the Indonesian language any works protected by copyright which after three years from its publication has not been translated into the Indonesian language or multiplied or duplicated in the territory of the Republic of Indonesia. Issues related to expression of Folklore are currently being discussed, especially related to its protection. Folklore, which falls under the category of works of unknown authors, is protected under Article 10 par (2) especially in Chapter II Part Three of Copyright Law No. 19 of 2002 of which copyright is held by the State of the Government of the Republic of Indonesia, and Article 12 par (1) concerning the Works Protected under Copyright.
Duration of protection: the duration of protection is set for the creator’s lifetime plus seventy years after his/her death. However, if the copyright holder is a legal entity, the copyright protection is fifty years commencing from the first time the work is announced or published. The copyright on computer programs, cinematographic works, photographic works, database, and works resulting from adaptations are valid for fifty years as of the first publication. Copyright protection granted to a performer who produces performance works shall be for fifty years after the work is performed or fixed in audio or audiovisual media; for a producer of a phonogram record: fifty years after the work is fixed; for broadcasting organizations: twenty years after the work is broadcast for the first time.
Transfer of economic rights: the economic rights of performer’s works such as song and/or music which have already been transferred and/or sold, the ownership of economic rights will be returned to the performers after the period of twenty-five years.
Fair use – fair dealing on copyrights: unless the sources are fully cited, the following are not deemed as copyright infringement: (a) publication, distribution, communication, and/or reproduction of the symbol of the State and the national anthem in accordance with their original nature; (b) publication, distribution, communication, and/or reproduction of anything which is conducted by or on behalf of the government, except the copyright is protected by law and regulations, statement on the works itself, or at the time the works is published, distributed, communication, and/or reproduction; (c) repetition, either in whole or in part, of news from a news agency, broadcasting organization, and newspaper or any other resources, provided that source thereof shall be fully cited; (d) production and distribution of copyright content through information technology and communication media which is not commercial and/or profitable to the author or related party, or the author does not object on the production and distribution; (e) reproduction, publication, and/or distribution of the pictures of the President, Vice President, ex-President, ex-Vice President, national hero, head of the State institution, head of the ministry/non-ministerial government institution, and/or district head with due regard to the dignity and fairness in accordance with the provisions of the laws and regulations.
Fair use – fair dealing on related rights: (1) the use, taking, reproducing, and/or altering a works and/or products of related rights in a whole or a substantial part is not deemed as the copyright infringement if the reference is cited or completely cited for the purposes of: (a) education, research, writing scientific works, reports, criticisms, and reviewing cases without damaging the fair interests of the copyright owner or copyright holder; (b) security and government administration, legislative, and judicial; (c) speech which purpose only for education and science; or (d) performance or free of charge show without damaging the fair interests of the copyright owner. Acts that are not considered as infringement of copyright include, namely: facilitate access of the works for the blind, visually impaired persons and persons with print disabilities, which are exceptions for the benefit of disabled persons.
License: means a permission granted by the copyright holder or the holder of related right to another party to carry out the economic rights over his/her works or products related rights under certain requirements, and exercisable within the entire territory of the Republic of Indonesia. Licensing period should not extend beyond the validity and protection period of the licensed copyright works, and that the licensee is entitled to receive royalty from the licensor, unless agreed otherwise.
Royalty: rewarded for economic utilization of a work or products related rights received by the creator or owner of related rights. The implementation of a license is accompanied by the obligation to pay royalty to the copyright holder by the licensee. The amount of royalty, which has to be paid by the licensee to the copyright holder, should be based on the agreement between the two parties by using the agreement of a professional organization as a guide.
Collective management organizations: institution non-profit legal entity authorized by the creator, the copyright holder, and/or related rights owners to manage their economic rights in the form of collecting and distributing royalties. Under this mechanism, copyrights holders, creators, and holders of related rights must be member of a collective rights management organization. The collective management organization is authorized to collect royalties from users of works and distribute the collected funds to copyright holders who are members. Collective management organizations are obliged to apply for operational permit to the Minister. The operational permit should meet the requirements as follows: (a) as a non-profit oriented Indonesian legal entity; (b) granted rights to collect, gather, and distribute royalties from creators, copyrights holders, and the owner of related rights (namely performers and producer of phonograms); (c) represents at least 200 songwriters in the music industry and/or music which represent the interests of the owner of works and at least 50 members which represent the owner of related rights and/or the works of other copyrights. Without having the operational permit from the Minister, the collective management organization is prohibited to collect, gather, and distribute royalties.
Civil lawsuit: the submission of copyright on the entirety of a work to any other party should not abridge the right of the author or his heirs to bring a lawsuit against those who without his consent (1) delete the name of the author, which is attached to the work; (2) attach the name of the author to the work; (3) change or replace the title of the work; (4) change the content of a work.
Criminal provision: the new Copyright Law No. 28 of 2014 prohibits any person from performing any of the following acts knowing that it will induce, enable, facilitate or conceal an infringement of any copyright works by: (a) removing or altering any electronic rights management information without authorization; or (b) distributing, importing for distribution, broadcasting or communicating to the public, without authorization, of works or copies of works knowing that electronic rights management information has been removed or altered without authorization. The penalties for breach of copyright law have been increased. The highest penalties stipulated in the new Copyright Law are imprisonment of not more than ten years or a fine of IDR 4 billion.
Commercial premises liability: any person who runs commercial premises in any form and having deliberately and who knew and were grossly negligent of the sale and/or reproduction of the pirated copyright goods and/or related rights within their commercial premises is subject to fines of up to IDR 100 million.
Infringement: copyright holders may file a damage claim before the Commercial Court. Infringement is also punishable as a crime.
Injunction: the Commercial Court may immediately issue a provisional decision/injunction upon a request from the party who might have suffered a loss, for the purpose of: (1) to prevent the entry of products allegedly infringing the copyright or related rights into the trade channel; (2) to remove the pirated copyright goods and seize and save as the evidence relating to the copyright infringement or the related rights concerned; (3) to keep the evidence and to prevent the elimination of evidence by the offender; and/or (4) to stop the infringement in order to prevent bigger losses.
Settlement of dispute: in addition to the settlement of dispute, the identified parties may settle their dispute by means of arbitration or an alternative dispute resolution, or before the Court.