COPYRIGTHS

DEFINITION

Copyright shall mean an exclusive right for an author or the recipient of right to publish or reproduce his work or to grant permission for the said purposes without decreasing the limits according to the prevailing laws and regulations.

Author shall mean a person or several persons jointly upon whose inspiration of a work is produced, based on the intellectual ability, imagination, dexterity, skill or expertise manifested in a distinctive form and is of personal nature.

Work shall mean any results of work of an author which shows originality in the field of science, art, and literature.

Copyright Holder shall mean the author as the owner of the copyright, or any person who receives the right from the author, or any other person who subsequently receives the right from the aforesaid person.

Announcements: Announcements are reading, broadcasting, exhibition, sale, distribution, or dissemination of a work by using any tool, including internet media, or perform in any way so that a work can be read, heard, or seen by someone else.

Reproduction shall mean increasing the number of  work either as a whole or its substantial part using either the same or different material, including the changing of  the form or mode of a work permanently or temporarily.

Performer shall mean an actor, a singer, musician, dancer or those who display, demonstrate, perform, sing, deliver, declaim or play a piece of music, drama, dance, literature, folklore or other art work.

Recording  Producer or Sound Recording Producer shall mean a person, or legal entity who takes the initiative and has the responsibility to implement voice recording or sound recording, whether the recording of a performance and recording of sounds or other sounds

Broadcasters shall mean the hosting organization of broadcasting in the form of legal entities, which broadcasts a broadcasting work by using a wired or wireless transmission or via an electromagnetic system.

LEGAL BASIS FOR PROTECTION OF COPYRIGHT

Copyright Act was first regulated in laws 6 of 1982 on Copyright. Subsequently amended by Law No.7 of 1987. In 1997 it was changed again with the legislation 12, 1997. In 2002, the law was changed again and regulated in Law No.19 of 2002. Several of the implementing regulations in the field of copyright are as follows:

  1. Government Regulation No. 14 Year 1986 Ref. Government Regulation No.7 of 1989 on the Copyright Council;
  2. Government Regulation No. 1 of 1989 on Translation and / or Expand Work for the Benefit of Education, Science, Research and Development;
  3. Presidential Decree No. 17 of 1988 on the Agreement Concerning Mutual Legal Protection on      Copyright on Phonogram work between the Republic of Indonesia and the European Communities;
  4. Presidential Decree No. 25 of 1989 on Ratification of the Agreement Concerning Mutual Legal Protection On Copyright between the Republic of Indonesia and the United States;
  5. Presidential Decree No. 38 of 1993 on Ratification of the Agreement Concerning Mutual Legal Protection On Copyright between the Republic of Indonesia and Australia;
  6. Presidential Decree No. 56 of 1994 on Ratification of the Agreement Concerning Mutual Legal Protection on Copyright between the Republic of Indonesia to the United Kingdom;
  7. Presidential Decree No. 18 of 1997 on the Ratification of the Berne Convention For The Protection Of Literary and Artistic Works;
  8. Presidential Decree No. 19 of 1997 on the Ratification of the WIPO Copyrights Treaty;
  9. Presidential Decree 74 of 2004 on Ratification of the WIPO Performances and Phonogram Treaty (WPPT);
  10. Regulation of the Minister of Justice of RI No. M.01-HC.03.01 of 1987 on Registration of a Work;
  11. Decree of the Minister of Justice of the Republic of Indonesia No. M.04.PW.07.03 1988 on Copyright Investigation;
  12. Circular of the Ministry of Justice RI No. M.01.PW.07.03 1990 on the Authority of Criminal on Copyright Investigation;
  13. Circular of the Ministry of Justice of RI No. M.02.HC.03.01 1991 on the Obligation Attaching   Tax Identification Number/TIN in Work and Registration Application for Registration of Transfer of Rights Reserved.

SCOPE OF COPYRIGHT

Works that are  protected.

In the Copyright Act, the work which is protected is the work in the field of science, art, and literature, which includes the followings:

  1. Books, computer programs, pamphlets, typographical arrangement (layout) of published works, and all other written works.
  2. Lectures, speeches, and other similar creations with it.
  3. Props are made for the benefit of education and science.
  4. Song or music with or without lyrics.
  5. Drama or musical drama, dance, choreography, puppetry and pantomime.
  6. Fine art in all forms such as painting, drawing, carving, calligraphy, sculpture, statue sculpture, collage, and applied arts.
  7. Batik art.

Translations, interpretations, adaptations, anthologies, databases, and other works from the transfer or embodiment.

 (1) is protected as its own creation without prejudice to the copyright in the original creation

Copyright in works of folk culture or the result of an unknown author.

  1. Government holds the copyright for works from prehistoric remains, historical and other national cultural objects;
  2. Government holds the copyright on folklore and folk culture  that belong together as stories, tales, fables, legends, chronicle, songs, crafts, choreography, dance, calligraphy and other works of art.

Moral right and economic rights over a work.

Moral right is a right inherent to the author or actors that cannot be eliminated or removed for any reason, even if copyright or related rights have been transferred.

Economic rights is the right to obtain economic benefits for authorship as well as product of the related rights.

THINGS THAT ARE RECOGNIZED AS COPYRIGHT

  1. All kind of work of citizens, residents and legal entities in Indonesia.
  2. All of work which is not of an Indonesian citizen, not a resident of Indonesia, and Indonesian legal entities that are published for the first time in Indonesia.
  3. Point 2 with the following provisions:
    1. The country has a bilateral agreement on the protection of copyright with the Republic of Indonesia.
    2. The Republic of Indonesia is a party or participant in the same multilateral treaty on copyright protection.

FUNCTIONS OF COPYRIGHT PROTECTION

Copyright is the exclusive right of an Author or the Copyright Holder to publish or reproduce his work, which arises automatically after a creation is born without reducing the restrictions under the prevailing law and legislation.

Author or the Copyright Holder of a cinematographic work and computer program has the right to give permission or prohibit another person without approval from renting out the work for commercial purposes.

PROPERTIES OF COPYRIGHT

  1. Copyright is regarded as moving object.
  2. Copyright may be transferred, in whole or in part by : inheritance, grants will, written agreement, or any other cause which is justified by the legislation.
  3. In the case of Copyright Owner dies, the Copyright belongs to his heirs or the recipient of his testament and Copyright cannot be confiscated unless the right is obtained unlawfully.
  4. If the Copyright that is not or has not been announced, after the Author passed the Copyright that belongs to his heirs or the recipient of his testament, the Copyright cannot be confiscated unless the right is obtained unlawfully.

THINGS NOT DEEMED COPYRIGHT

Protection of copyright does not apply to:

  1. Results of open meetings of state institutions
  2. Legislation
  3. Speech of state or government official
  4. The court ruling or decision of the judge; or
  5. The decision of arbitration boards or other similar bodies

COPYRIGHT OWNER AND THOSE QUALIFIED TO DESERVE PROTECTION

  1. The person whose name is registered in the Register of Public Works at the Directorate-General of IPR; or
  2. The person whose name is mentioned in a Work or announced as the Author of Creation.
  3. In a lecture that does not use written material and no notice of who the Author is, the one who lectures is deemed as the author of the lecture.
  4. For a work consisting of several separate parts, created by two or more persons, the one considered as the Author is the one who led and supervised the completion of the entire Work (or if there is no such person, which is considered as the Author of the person who compiled ) without prejudice to the Copyright of the respective part of the Work
  5. A work which is made in an official relation with another party within the working environment, the Copyright Holder is the party from whom the work was made, unless there is another agreement between both parties without prejudice to the right when the use of author’s work is expanded beyond relations service.
  6. In point 5 above, provisions apply equally to works that are made by other parties on the basis of an order made in official relations.
  7. Creation which is made in employment relationships or under orders, those who make copyrighted works are considered as the author and the Copyright Holder, unless there is an agreement between two parties that change the provision.
  8. If a legal entity announces that a work is derived from it without mentioning a person as the author, the legal entity shall be considered as the author, unless proven otherwise.

COPYRIGHT VALIDITY

  1. Copyright on: books, pamphlets, and all other written works, dramas, musical dramas, dance, choreography, all forms of art, such as painting, sculpture, and statue sculpture, batik art, song or music with or without lyrics, architecture, lectures, speeches and other works of utterance, props, maps, translations, interpretations, adaptations, anthologies, valid for the life of the Author and up to 50 (fifty) years after his death. It shall be valid since it was first announced. Work as referred to in point 1 which is owned by two (2) or more persons, the Copyright shall be valid for the life of the author who died most recently and lasts up to 50 (fifty) years thereafter.
  2. Copyright on: computer programs, cinematography, photography, database, and works resulting from diversion embodiment, valid for 50 (fifty) years since it was first announced.

Copyright on typographical arrangement of a published work shall be valid for 50 (fifty) years since it was first announced.

Copyright to a work that is held or carried out by the State, pursuant to Article 10 paragraph (2) shall apply without any time limit; Article 11 paragraph (1) and (3) shall be valid for 50 (fifty) years since the creation was first known to the public.

Copyright to a work that is carried out by the Issuer pursuant to Article 11 paragraph (2) shall be valid for 50 (fifty) years since such work was first published.

Period of validity of a copyright work that is published part by part shall be computed from the date of publication of the final part.

In determining the period of validity of copyright to a work consisting of two (2) or more volumes, as well as summaries and news published periodically and not at the same time, each volume or summary and news are considered a separate work.

The term of protection for the rights of the author as referred to in Article 24 paragraph (1) shall apply without any time limit; Article 24 paragraph (2) and (3) shall apply during the term of copyright to a work which is concerned, except for the inclusion and change of the name or pseudonym of the author.

Without prejudice to the right of an Author on the term of protection, Copyright is computed since the birth of the work, calculating the term of protection for works that is protected for 50 (fifty) years; during the life of the author and continues until 50 (fifty) years after his death, beginning from 1 January of the year following the announcement of the creation, known by the public, or after his death.

LIMITATION OF COPYRIGHT

The following matters are not considered as infringement of copyright:

  1. Publication and / or reproduction of the symbol of the State and the national anthem in accordance with their original nature;
  2. Publication and / or reproduction of anything which is published and / or reproduced by or on behalf of the Government, unless the Copyright is declared protected, either by legislation or by a statement of the author itself or when the work was published and / or reproduced; or
  3. Repetition, either in whole or in part of a news agency, broadcasting organization, and newspaper or any other sources, with the source thereof shall be fully cited.

On the condition that the source must be mentioned, the following shall not be deemed as Copyright infringement:

  1. The use of work of another party for the purpose of education, research, scientific thesis, report writing, criticizing or reviewing an issue without prejudice to the normal interest of the Author;
  2. Making work of another party, either in whole or in part, for the purpose of:
    1. Defence inside or outside the court;
    2. The making of a backup copy of a computer program by the owner of the computer programs which are carried out solely for its own use.
    3. Changes which are made based on consideration of the technical implementation of works of architecture, such as the creation of the building;
    4. Reproduction of a work other than computer program limitedly by way or by any means or similar process by a public library, scientific or educational institutions, and non-commercial documentation center solely for the purpose of its activities;
    5. Reproduction of a work of science, art, and literature in braille for the blind purposes, unless the reproduction is for commercial purposes;
    6. Performances which are free of charge with the provisions that are not prejudice to the normal interest of the Author;
    7. Lectures which are solely for the purpose of education and science; or

APPLICATION PROCEDURE

Registration for Application of Creation:

Creation application for registration is filed by filling out the form provided for that in Indonesian and typed in copies of 3 (three).

Applicant must attach:

Special power of attorney, if the application is filed by the attorney; along with sample of creation with the following conditions:

  1. Books and other writings: two (2) pieces, having been bound with the best edition.
  2. If a book containing the photograph of a person, a letter of declaration permtting the photo attachment shall be attached.
  3. Computer programs: 2 (two) floppy / CD with the operation manual of the computer program.
  4. CD / VCD / DVD: 2 (two) pieces accompanied with a description of his creation;
  5. Props: 1 (one) piece accompanied with a manual;
  6. Track: 10 (ten) pieces in the form of notation or poem;
  7. Drama: two (2) pieces of written text or recordings;
  8. Dance (choreography): 10 (ten) pieces of a picture or two (2) pieces of tape;
  9. Puppet: two (2) pieces of written text or recordings;
  10. Pantomime: 10 (ten) pieces of a picture or two (2) pieces of tape;
  11. Work of the show: two (2) pieces of tape;
  12. Broadcasting work: two (2) pieces of tape;
  13. Painting, motif, batik art, calligraphy, logos and pictures: each ten (10) pieces in the form of an image;
  14. Sculpture, carving, statue sculpture, crafts and collage: ten (10) pieces each in the form of an image;
  15. Architecture: one (1) piece of architectural drawings;
  16. Map: 1 (one) piece;
  17. Photography: 10 (ten) pieces;
  18. Cinematography: two (2) pieces of tape;
  19. Translation: two (2) pieces along with the text and accompanied with the permission of the copyright holder;
  20. Interpretations, adaptations and potpourri: two (2) pieces of the manuscript;
  21. Certified copies as well as the establishment of a legal entity or a copy of legalized notary, if the applicant is a legal entity;
  22. Photocopies of identity cards; and
  23. Proof of payment of application fee.

In case of application for registration of the creation that the copyright holder is not the author itself, the applicant must attach proof of transfer of the copyright.

Registration Request for Transfer of Registered Right

Request for registration of the transfer of rights of registered creation is  submitted in writing in Indonesian by the applicant by way of typed copies of two (2) to give the title and registration number of the creation that the right is transferred.

The applicant must attach proof of transfer of right that can be:

  1. Fatwa (Islamic decision) inheritance,
  2. Grant,
  3. Will or
  4. Deed agreement of other documents which are justified by law;
  5. Copy of registration of creation;
  6. Copy of identity card of the author or copyright holder;
  7. An official copy of the deed of incorporation or a copy of legalized notary, if the applicant is a legal entity;
  8. The special power of attorney, if the application is filed by the attorney; and
  9. Proof of payment of application fee.

Request for registration of the change of name and address.

Request for registration of the change of name and / or address of the author or copyright holder is submitted in writing in Indonesian by the applicant by way of typed copies of two (2) which reads:

  1. The title of the work;
  2. The registration number of the creation;
  3. The name, nationality, and address of the author or copyright holder of the old and new one; and the name, nationality, and address of the selected power in Indonesia, if the author or copyright holder resides or domiciles outside the territory of the Republic of Indonesia,

Applicant must attach:

  1. Photocopy of the registration of creation;
  2. Photocopy of identity card of the author or copyright holder;
  3. The evidence of change of name or address;
  4. The special power of attorney, if the application is filed by the attorney; and
  5. Proof of payment of application fee.

Request of Excerpt of Officially Registered Creations

Request of excerpt of officially registered creations is submitted in writing in Indonesian by the applicant by way of typed copies of 2 (two) stating the registration number of creation.

Applicant must attach:

  1. Special power of attorney, if the request is done by the attorney power; and
  2. Proof of payment of application fee.

ASPECTS RELATED TO THE REGISTRATION OF COPYRIGHT

  1. Diversion of Copyright: It is inherent that the right of copyright owners is to transfer ownership of the registered right either entirely or partially in accordance with legislation.
  2. Licensing is the permission granted by the copyright holder or related rights holder to another party to announce and / or multiply the creation or product rights associated with certain requirements.
  3. Protection of ownership rights: things that can be done by the author or copyright holder in case of infringement: when applying Decision to the Commercial Court, he shall show a strong evidence as the right holder and evidence of the infringement.

The decision is intended to:

  1. Prevent the continuation of infringement on Copyright, particularly to prevent the entry of products allegedly infringing the Copyright or related rights to the trade channel, including importation;
  2. Preserve evidence relating to the infringement of Copyright or related right in order to avoid the disappearance of evidence;
  3. Ask a claim for compensation to the commercial court for breach of copyright and requesting seizure of objects declared or reproduction results. To prevent greater losses, the judge may order the offender to stop activities of the announcement and / or propagation of creation or goods which result from copyright infringement (interim decision).
  4. Report the infringement to the Police investigators and / or state investigator of the Directorate General of IPR.