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Learn more about Copyright Registration in Indonesia

In Indonesia, copyright is a right that is automatically granted upon the creation of an original work. It does not require registration and automatically belongs to the creator of the work. Copyright safeguards creative works created by authors, producers, photographers, singers, composers, painters, sculptors, and others in the creative industries. Understanding the issues of copyright registration, copyright protection, and which goods can be protected by copyright can be beneficial for business owners in Indonesia. Our team of international lawyers has extensive experience assisting clients on direct investments, wholly foreign-owned companies, mergers & acquisitions, and a wide range of commercial transactions. We can guide you through the process of understanding and protecting your intellectual property rights in Indonesia, including copyright. We can also assist with any disputes or issues that may arise in relation to copyright infringement.

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What is Copyright in Indonesia?

In Indonesia, copyright protection is overseen by the Intellectual Property legislation, specifically the Copyright Act. This Act protects the copyright of any qualifying individual or corporation. There is no fee or registration necessary to obtain this type of intellectual property protection for any qualifying written work.

Authored works that meet certain requirements are eligible for copyright protection in Indonesia. They must be original, have been reduced to material form, belong to a category of protected works, and meet the copyright requirements. Copyright may exist in a work through a reference to the author’s status or the publishing or production of the work. Copyright may also exist in works created by or directed by the Indonesian government or certain foreign organizations.

How to register a Copyright?

In Indonesia, copyright is a right that is automatically granted upon the creation of an original work. Although it is not required, recording Copyright provides further protection by identifying and differentiating works and determining ownership of works.

The recording of copyrighted works can also be used as prima facie evidence in a court of law in relation to copyright issues. Furthermore, in addition to the damages sought for infringement, copyright registration guarantees the owner Statutory Damages as well as the entitlement to legal costs and attorney fees.

Regardless of nationality, the following documents are required:

➤ Material reproduction of the works
➤ A copy of the corresponding firm incorporation forms if the applicant is a company, or a copy of ID if the applicant is an individual
➤ A copy of the Author's ID card or passport

What are the different types of Copyright in Indonesia?

In Indonesia, copyright protection is automatically granted upon the creation of an original work. It safeguards creative works created by authors, producers, photographers, singers, composers, painters, sculptors, and others in the creative industries. The types of works that can be copyrighted include written works, speeches, sermons, lectures, written or recorded songs, paintings, drawings, and more. There are two types of copyrights in terms of the duration of its protection: 50-year legal protection and 70-year legal protection. The specific type of protection depends on the nature of the work and other factors. It’s always recommended to consult with a local expert or legal advisor to understand the full implications.

What can copyright preserve and protect?

In Indonesia, copyright law protects a wide range of original works of authorship. This includes literary works such as novels, poems, plays, reference works, and newspaper articles, computer programs and databases, films, musical compositions, and choreography, artistic works such as paintings, drawings, photographs, and sculptures, architecture, advertisements, maps, and technical drawings. However, it’s important to note that copyright protection extends only to expressions, and not to ideas, procedures, methods of operation, or mathematical concepts. While the underlying idea, concept, discovery, method of operation, principle, procedure, process, or system is not protected, the way these are expressed or embodied in a work can be protected by copyright. For example, written instructions or sketches explaining or illustrating a concept or method would be protected by copyright.

What is the typical duration of a Copyright?

Works of Literature, Music, or Art

In general, this kind of copyright work refers to human beings who will exist throughout the author’s lifetime plus 50 years after his death.

Performer, Film, and Sound Recordings

This category of copyright work should be valid for 50 years from the date of publication, as set in a fixation for film and sound recording. The copyright work of a performer should exist from the performance or fixation in a sound recording.

Broadcasts

For the copyright in broadcasts, whether transmitted by wire or wireless methods, a term of fifty years should be computed from the day the broadcasts were first made.

What are the effects of Copyright registration?

In Indonesia, copyright registration is not mandatory as copyright protection is automatically granted upon the creation of an original work. However, registering copyright can have several benefits. Registration provides a public record of the copyright, serving as prima facie evidence in a court of law, which can be particularly useful in disputes over ownership or infringement. It can also facilitate the enforcement of rights, as registration can make it easier to take legal action against copyright infringement. In some cases, registration is required before you can file a lawsuit. Furthermore, registration puts the public on notice of your rights, which can deter potential infringers and make it easier to claim damages if your copyright is infringed. If you plan to license your work or use it commercially, having a registered copyright can provide additional legal protection and make your work more attractive to potential licensees or buyers. Despite these benefits, it’s important to remember that copyright protection is automatic upon the creation of an original work.

Does Indonesian Copyright protect internationally?

In Indonesia, copyright protection is automatically granted upon the creation of an original work and it does not require registration. However, it’s important to note that 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. Therefore, while a work is protected by copyright in Indonesia, it may not necessarily be protected in other countries. To ensure protection in a specific country, one must comply with the copyright laws of that country. Indonesia is a member of several international treaties on copyright, including the Berne Convention for the Protection of Literary and Artistic Works, which means that Indonesian copyright law applies to works from other countries that are signatories to these treaties, and vice versa.

What are the Copyright Infringements?

In Indonesia, copyright infringement occurs when someone violates the rights of the copyright owner without their permission. This can take several forms, including:

➤ Reproducing in any material form, performing, showing or playing, or distributing to the public
➤ Importing any article into Indonesia for the purpose of trade or financial gain
➤ Making for sale or rent any infringing copy
➤ Selling, renting or by way of trade, exposing or offering for sale or rent any infringing copy
➤ Distributing infringing copies
➤ Possessing, other than for private and domestic use, any infringing copy
➤ Exhibiting in public any infringing copy

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