On 16 September 2014 the House of Representative revoked Law No. 19 of 2002 (“Old Copyright Law”) with the Bill on Copyright, which will become law and receive a number upon the earliest of being signed by the President or 30 days (“New Copyright Law”). The New Copyright Law is an effort from the lawmakers to protect the economic and moral rights of creators and owners as the essential element in the development of national creativity.
Under the New Copyright Law, the definition of copyright has become more comprehensive. It is specified that a copyright consists of a moral right and an economic right. The moral right is defined as rights perennially attached to the creator for:
i. Indicating or not indicating his name on the copy of his works for public use
ii. Using his alias name on his works
iii. Changing his works pursuant to public appropriateness
iv. Changing the title and subtitle of his works
v. Preserving his rights in terms of works distortion, alteration, modification or anything that may diminish the creator’s dignity and or reputation
The economic right is an exclusive right of the creator or the copyright holder to obtain an economic advantage upon the works by publishing, duplicating, translating, adapting, arranging or transforming, distributing, displaying, announcing, communicating and leasing the works.
Transfer of copyright may be performed, since the copyright is an intangible movable object, by ways of inheritance, grant (hibah), endowment (wakaf), testament, contract and other transfer method pursuant to the laws and regulation. In addition, the copyright may became the object of a fiduciary guarantee.
Substantial Changes of the Copyright Law
Duration of Copyright Protection
In accordance with the New Copyright Law, the duration of copyright protection is much longer than under the Old Copyright Law. The duration is divided into the duration of moral rights and the duration of economic rights.
The duration of moral rights is further differentiated into:
(1) For points i, ii, v (above), the copyright protection prevails without time limitation
(2) For points iii and iv (above), the copyright protection prevails for the duration of the copyright on the works
For the economic rights, the duration is differentiated based on the types of works. Duration of copyright protection on:
i. Books, pamphlets and other forms of written papers;
ii. Speeches, lectures and other similar form of works;
iii. Visualization tools for education and scientific purposes;
iv. Music and songs with or without text;
v. Dramas, musical shows, dances, choreographies, puppetries and pantomimes;
vi. Works of arts in form of paintings, pictures, carvings, calligraphies, sculptures, statutes, or collages;
vii. Architectural works;
viii. Maps; and
ix. Batik arts or other art motifs,
prevails for the creator’s lifetime and 70 years after their death. On the other hand, if the copyright holder is a legal entity, the copyright protection prevails for 50 years commencing from the first announcement of the works.
Duration of copyright protection on:
i. Photography works;
iii. Video games;
iv. Computer programs;
v. Paper typographical arrangements;
vi. Translations, interpretations, adaptation, anthologies, databases, adaptations, arrangement, modifications and other transformation works;
vii. Translations, adaptations, arrangements, transformations, or modifications of traditional cultural expression;
viii. Compilations of creations or data, in digital format; and
ix. Original compilation of traditional cultural expression,
The duration of copyright protection for applied art works prevails for 25 years from the first announcement of the works.
Transfer of Copyright
For transfer of the copyright through an outright sale mechanism, the transferred copyright will revert to the creator after 25 years from the execution of the transfer agreement.
Protected and Unprotected Works
By the stipulation of the New Copyright Law, there is an implication on the protection of particular works. For the protected works, there are 5 (five) additional works, which are:
ii. Translation, adaptation, arrangement, transformation, or modification of traditional cultural expression
iii. Compilations of creations or data, in digital format
iv. Original compilation of traditional cultural expression
v. Video games
The New Copyright Law also specifically stipulates the unprotected works, which are:
i. Works that have not been formed into real and concrete creation
ii. Ideas, procedures, systems, methods, concepts, principles, findings/discoveries or data, even if the works have been expressed, declared, described, explained, or combined in a creation
iii. Tools, equipment, or products that are created to solve the technical matter or addressed for functional purposes
iv. Results of open meetings of state institutions, legislation, official government statements, court decisions, and religious scripture and symbols.
Authority of the Minister of Law and Human Rights
The New Copyright Law grants an authority to the Minister of Law and Human Rights to remove the registered creation, if it violates the norms, public policy, state security, or laws and regulations.
Collective Rights Management Organization
A collective rights management organization has a function to collect and manage the economic rights of the creator, copyright holder and related rights holder by collecting and transferring the royalties from the users. In order to receive their economic right, they shall be registered as a member of the collective rights management organization.
A collective rights management organization shall obtain the operational license from the Minister of Law and Human Rights by fulfilling the requirements, which are:
i. In form of an Indonesian non-profit legal entity
ii. Obtains the power from the creator, copyright holder, or related rights holder to request, collect and distribute the royalties
iii. Represents membership of at least 200 for music and at least 50 for other sectors
iv. Intends to request, collect and distribute the royalties
v. Capable to request, collect and distribute the royalties to the creator, copyright holder and related rights holder
In order to maximize the protection from infringement, the New Copyright Law stipulates an obligation for the organizer of commercial premises to prohibit any selling and/or duplicating businesses of protected copyright works from operating in their premises. If the organizer does not comply with this obligation they may be subjected to fines of up to IDR 100 million.
Process of Dispute Settlement
Copyright dispute settlement is not only performed through the court, but also through arbitration and alternative dispute resolution (mediation, negotiation and conciliation). Only after this can a criminal complaint be submitted.
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