Most business owners expected to expand their business at some point. They usually plan to do so after they have established some level of financial success through products which have sold well. A well-marketed product will often lead to much customer demand from all over the world.
However, many products are linked to copyright laws of the country of the business which sells them. Such is true of Indonesian businesses and products as well. There are many copyright laws which exist today in Indonesia. These laws have significant implications on the businesses and business owners of the country.
It is important for all current and prospective business owners in Indonesia to understand the country’s copyright laws and how the systems related to copyright laws in the country work.
Incidentally, in recent times, many have become interested in starting a business of their own in Indonesia. Perhaps you are one such person. If you are, we at Paul Hype Page & Co will be able to help you with the incorporation of your Indonesian business. We will guide you through every step of the process including selection of business entity, appointing of directors and shareholders, and any matters which require direct communication with government authorities.
Copyright Laws of Indonesia
In September 2014, Indonesia’s legislative arm made an official revamp of the only previously existing copyright law. This law is today known as the Old Copyright Law; it was then known as Regulation Number 19, Year 2002. It has since been replaced by the New Copyright Law, which is also referred to as “Undang-Undang Hak Cipta Baru.” It is officially recognized as Regulation Number 28, Year 2014 or No. 28 of 2014.
This law on copyright was issued on October 16, 2014 to replace the Old Copyright Law. This law protects the copyright and intellectual property rights of people in the creative industries. It was implemented to protect copyrights related to scientific, artistic, and literary works. The New Copyright Law also outlaws copyright infringements related to music, movies, and original online content in Indonesia. It serves to settle copyright-related disputes more effectively, enable better management of marketing related to copyrights, protect economic profits, prohibit the non-commercial reproduction and distribution of copyrighted materials with the aid of technology, manage royalties and licenses, and prohibit approval of copyrights that are deemed to violate moral norms.
One especially important aspect of the New Copyright Law is the concept of landlord liability. This aspect provides the right to make those who own a particular building liable to criminal penalties if they know that a tenant is involved in copyright-infringing activities. The New Copyright Law also empowers the Ministry of Communication to remove websites that infringe on people’s copyrights. It also introduces procedures for specific types of infringements and increases the severity of punishments imposed on those who infringe upon copyrights.
Copyright laws help people avoid suffering the effects of plagiarism, identity theft, unauthorized adaptation of any work done or content created, and unapproved public display of any work done or content created.
How to Receive Copyright Protection in Indonesia
Copyright protection serves as a legal means of proving one’s ownership of certain works. Creators and developers who have copyright protection in Indonesia can use it in court proceedings to settle disputes or plagiarism issues by unauthorized entities.
There are three methods by which one may receive copyright protection in Indonesia. The first is by registering the works and products to be copyrighted via an application which will be written in Indonesian. This is to be done by the copyright holder, producer, creator, or related rights owner. Others may choose to make an application non-electronically by including a sample of the work, attaching a statement of ownership of works, and making necessary payments. Still others may choose to make an electronic application; such an application is made by visiting the website of the Directorate General of Intellectual Property. Also referred to as online copyright or e-Copyright, this method is used to enable registration of works online. It is typically selected by those who are not based in Indonesia.
The entire process of application for copyright protection in Indonesia usually takes anywhere from seven to nine months for full completion. Once this period has elapsed, a decision which either approves or rejects the application will be made. Should the application be successful, the applicant will receive a works registration letter in PDF format. The applicant’s works will then be registered in the general register. The final step for the applicant to complete is the making of payments through an electronic system. Doing so completes the registration process.
Duration of Copyright Validity in Indonesia
When the New Copyright Law came into existence, many details related to copyrights in Indonesia changed. One of these was the duration of copyright validity in the country.
Under the stipulations specified in the Old Copyright Law, copyright protection only lasted for 50 years. However, ever since October 2014 when the New Copyright Law came into effect, copyright protection in Indonesia has lasted for 70 years. Nevertheless, if a legal entity owns a certain work, the period of protection remains at 50 years from the time of publication.
This duration applies to the period after the death of the creator of specific products. Such products include books, artwork, songs, other forms of music, and architectural works.
When copyright laws are violated, the copyright holder is legally empowered to take any of certain actions as allowed by the law. The copyright holder may choose to issue criminal charges against violators. They may do so against those who commercially practice copyright piracy. A victory for the copyright holder in court can result in prison sentences and fines that range from 500 million to 2 billion rupiah to be imposed on those who have violated copyright laws.
Those who do not want to make criminal charges may make a provisional decision. Such a course of action may be taken through a request to the Commercial Court. The court will then halt the spread of works which have experienced a direct breach of Indonesian copyright laws. The Commercial Court helps copyright holders in Indonesia secure their copyright status at the same time preventing wider circulation of the works which have experienced copyright violations.
Still others might opt take civil action which comes with compensation requests; however, such can only be done under certain conditions. These conditions include the removal of the creator’s name, product title alteration, and changes of product content.
Objects and Products Which Can Be Copyrighted in Indonesia
Many objects and products are legally entitled to be copyrighted in Indonesia. These include written works, speeches, sermons, lectures, written or recorded songs, paintings, drawings, other forms of artwork, and architectural works.
This article has demonstrated how copyright laws in Indonesia work and how they benefit the copyright holders of Indonesia. Receiving copyright protection in Indonesia is not difficult. Only certain steps need to be followed: adhering to the proper procedures as well as ensuring that the product meets the requirements as specified by Indonesian copyright laws.
For further information about copyright laws, it is advisable for those affected to contact legal advisors who will provide important information. Those who need copyright protection should make their application as soon as possible; failure to do so could potentially be extremely costly.
Paul Hype Page & Co – OSS service provider and Asean Chartered Accountant.
Paul Hype Page & Co. have 3 physical offices in Singapore, Malaysia and Indonesia
Our Firm Goal is to assist Foreigner and Foreign Companies to set up business in Asean.
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