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.