Today, Indonesia consist of numerous copyright laws and these regulations will have a substantial impact on the country’s enterprises as well as business owners.
All current and prospective business owners need to understand the copyright laws in Indonesia and how the systems related to copyright laws in the country work.
Copyright Laws of Indonesia
Indonesia’s legislative arm overhauled the only previously existing copyright legislation in September 2014. This law, which was previously known as Regulation Number 19, Year 2002, is now known as the Old Copyright Law. Since then, the New Copyright Law, popularly known as “Undang-Undang Hak Cipta Baru,” has taken its place. Regulation Number 28, the Year 2014 or No. 28 of 2014 is the official name.
The Old Copyright Law was repealed on October 16, 2014, and this copyright law was enacted to replace it. The copyright and intellectual property rights of those working in the creative industries are protected by this law. It was put in place to safeguard copyrights in scientific, artistic, and literary works. In Indonesia, the New Copyright Law makes copyright infringements in music, film, and original online content illegal.
The principle of landlord liability is one of the most fundamental aspects of the New Copyright Law. This provision gives the right to hold building owners accountable for criminal fines if they know a tenant is engaging in copyright-infringing activity.
The Ministry of Communication is also empowered under the New Copyright Law to remove websites that infringe on people’s copyrights. It also establishes processes for certain sorts of infringements and strengthens the penalties imposed on individuals who violate copyrights.
How to Receive Copyright Protection in Indonesia?
However, copyright protection is a legal tool for demonstrating ownership of specific works. In Indonesia, creators and developers with copyright protection can use it in court to resolve disputes or plagiarism issues by unauthorised parties.
There are three methods by which one may receive copyright protection in Indonesia:
- Register the works and products to be copyrighted via an application – this is to be done by the copyright holder, producer, creator, or related rights owner.
- Apply non-electronically by including a sample of the work attaching a statement of ownership of works and making necessary payments.
- Visit the website of the Directorate General of Intellectual Property – this is also referred to as online copyright or e-Copyright. It is typically selected by those who are not based in Indonesia.
In Indonesia, the entire process of applying for copyright protection normally takes between 7-9 months to complete.
After this time has passed, a decision will be made to approve or reject the application. The applicant will receive a works registration letter in PDF format if the application is approved. The works of the applicant will thereafter be entered into the general record. The applicant’s final step is to make payments through an electronic system.
What can be Copyrighted in Indonesia?
Here is also the list of items that can be copyrighted and protected under the copyright law in Indonesia:
- Written works
- Speeches
- Sermons
- Lectures
- Written or recorded songs
- Paintings
- Drawings
- Other forms of artwork
- Architectural works
Validity of Copyright in Indonesia
Moreover, copyright protection was only guaranteed for 50 years under the terms of the Old Copyright Law. However, copyright protection in Indonesia has lasted for 70 years since the New Copyright Law took effect in October 2014. However, if a legal entity owns a work, the protection period is still 50 years from the date of publication.
When copyright laws are broken, the copyright holders have the legal authority to take any of the legal options. The copyright owners also have the option of filing criminal charges against infringers. However, they may act against those who engage in commercial copyright piracy. Also copyright holder’s win in court can result in prison sentences and fines ranging from 500 million to 2 billion rupiah for individuals who infringe copyright rules.
FAQs
There is no such thing as an “international copyright” that will automatically protect a work throughout the world. Protection against unauthorized use in a particular country depends on the national laws of that country.
Those who are entering Indonesia for the first time for corporate purposes will find that having their products copyrighted will spare them from the effects of many negative circumstances. However, these people will not face any problems in having these products copyrighted. This is because anyone can have content, works, or products originating from abroad copyrighted in Indonesia.
Those who have received copyright protection for their works from the Indonesian government ought to be aware that the government can revoke this protection at any time. This is because government reserves the exclusive rights to revoke whatever copyright protection which it may have provided. In Indonesia, just as is the case anywhere else in the world, any entity which has assigned copyright protection has the right to revoke it under certain circumstances.
Those who are entering Indonesia for the first time for corporate purposes will find that having their products copyrighted will spare them from the effects of many negative circumstances. However, these people will not face any problems in having these products copyrighted. This is because anyone can have content, works, or products originating from abroad copyrighted in Indonesia.
I am from India country can I register my work as a copyright in your country and what are charges
Hi,
Your question has been answered under our forum.
https://www.paulhypepage.co.id/php-forums/indonesia/register-work-as-copyright/
Feel free to interact with us in the forum if you need further clarification. We will be happy to assist.
Best Regards,
Paul