COPYRIGHT

Copyright exists to protect the rights of creators and ensure they receive appropriate recognition for their contributions. As a property right, it gives copyright holders power over how their creations are used, distributed, and adapted for a certain period. It is part of a group of rights that protect intellectual property while encouraging creativity in the creation of new material. According to Undang-Undang Nomor 28 Tahun 2014 Tentang Hak Cipta (Law of The Republic of Indonesia, Number 28 of 2014 on Copyrights), Copyright is the exclusive right of the creator that arises automatically based on a declarative principle after a creation is manifested in a tangible form without prejudice to restrictions in accordance with the provisions of legislation.

1. Copyright Protection

   Copyright is an automatic right that takes effect upon the creation of a work that meets certain criteria:

   1. The work must be original;
   2. It must be produced in a tangible form.

   Protected creations include:

   1. Books, computer programs, pamphlets, layouts of published written works, and all other written works;
   2. Lectures, speeches, sermons, and other similar creations;
   3. Teaching aids made for the purpose of education and science;
   4. Songs or music with or without lyrics;
   5. Dramatic or musical dramas, dances, choreographies, puppetry, and pantomimes;
   6. Fine arts in all forms such as paintings, drawings, carvings, calligraphy, sculptures, collages, and applied arts;
   7. Architecture;
   8. Maps;
   9. Batik art;
   10. Photography;
   11. Translations, interpretations, adaptations, anthologies, and other derivative works.

2. Registering Copyright

   Since Indonesia is a member of the Berne Convention for the Protection of Literary and Artistic Works, copyright protection is automatic and foreign works are also automatically protected in Indonesia. Although copyright registration is not required, it is advisable for creators to register their copyright with the Directorate General of Intellectual Property of the Ministry of Law and Human Rights of the Republic of Indonesia (https://www.dgip.go.id/) to formalize the protection of their creations.

3. Duration of Copyright Protection

   Copyright protection lasts for the lifetime of the creator plus an additional 70 years after their death. If the creation is owned by a legal entity, copyright protection is granted for the lifetime of the creator and 50 years after their death. If the creation is owned by multiple individuals, copyright remains in effect until the last surviving creator’s death. This is extended by an additional 70 years after the death of the longest-living author. For computer games, photographic works, databases, and cinematographic works, copyright protection lasts for 70 years.

4. Enforcement of Law

   Copyright holders can file lawsuits through Indonesian courts to stop ongoing copyright infringement.