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Copyright Laws in Indonesia

4 min read|Last Updated: August 29, 2022|
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The majority of business owners anticipated growth for their companies after their incorporation, and they usually want to do so after achieving some level of financial success through well-selling products.

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.

It is important for all current and prospective business owners to understand the country’s copyright laws in Indonesia and how the systems related to copyright laws in the country work.

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, 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The Old Copyright Law was repealed on October 16, 2014, and this copyright law was enacted to replace it.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.

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 and 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 seven and nine 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 a 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 artworks

  • Architectural works

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.

This time frame refers to the time period following the death of the product’s inventor. Books, artwork, songs, various forms of music, and architectural works are examples of such products.

When copyright laws are broken, the copyright holder has the legal authority to take any of the legal options. The copyright owners has the option of filing criminal charges against infringers. They may act against those who engage in commercial copyright piracy. A 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.

Require corporate secretarial services to handle all your paperwork and ensure compliance with Indonesia regulations? Reach out to us today for a free consultation on compliance or incorporation services!

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FAQs

Do copyright laws apply internationally?2021-11-15T12:02:05+08:00

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. 

Can anything which originates from abroad be copyrighted in Indonesia?2021-11-15T12:05:30+08:00

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. 

Can copyright protection be revoked?2021-11-15T12:04:58+08:00

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.

Can anything which originates from abroad be copyrighted in Indonesia?2020-04-02T14:05:47+08:00

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 circumstancesHowever, these people will not face any problems in having these products copyrighted. This is because anyone can have contentworks, or products originating from abroad copyrighted in Indonesia. 

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Join the discussions

  1. Nilesh Ghotkar February 28, 2021 at 12:44 am - Reply

    I am from India country can I register my work as a copyright in your country and what are charges

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