What is a copyright?
Regulated in Law No. 28 year 2014 about Copyright.
Indonesia adopt the declarative system in providing the legal protection for copyright protection. The right is automatically appear after a creation is created or made into tangible asset. Copyright does not appear by registration.
Indonesia adopt the declarative system in providing the legal protection for copyright protection. The right is automatically appear after a creation is created or made into tangible asset. Copyright does not appear by registration.
Copyright is an exclusive right for an Author or a right receiver to announce or multiply his/her creation or give a license for it by not lessening restrictions pursuant to the valid law and regulation.
Author is a person or some people, together, that, the inspiration creates a creation based on his/her/their mind ability, imagination, dexterity, skill, or expertise that applies in a special and personal form.
Copyright Holder is an author as a copyright owner, or a person who receives the right from the author, or another person who further receives the right from the above person.
Computer program shall mean a collection of instructions manifested in the form of a language, codes, diagrams, or any other forms, which when combined with media that can be read by computers will be able to make computers work to execute certain functions or to obtain specific results, including the preparation in designing the instructions.
TYPES OF CREATIONS WHICH ARE PROTECTED BY LAW OF COPYRIGHT:
- Book, computer program, pamphlet, lay out of writing that is published and all other writings;
- Talk, lecture, speech, and other creations alike;
- Aids that are made for education and science purpose;
- Song or music with or without text; drama or musical drama, choreography dance, things pertaining to the wayang, and pantomime;
- Fine arts in any form such as painting, drawing, carving, calligraphy, sculpture, statuary, collage, and applied art;
- Architecture, map; batik, photography, cinematography;
- Translation, interpretation, adaptation, anthology, database, and other creations as a result of translations;
- Types of creations which can not be registered as a creation:
- Outside science, art, and literature creations;
- Unoriginal creations;
- Abstract creations;
- Public creations.
- Requirements of industrial design registration filing:
COPYRIGHT LIMITATION
- Publication and/or duplication of state symbols and national anthem;
- Publication and/or duplication of any creation on behalf of the government, unless the copyright is declared to be protected;
- Mention the source: factual news, using other’s creation for educational purpose, research, scientific writings, criticism, report ( without causing great loss to the creator);
- Non commercial duplication on Braille;
- Changes on architectural creation based on the technical factor on its implementation in the field;
- Copying a computer program for back up
DURATION OF COPYRIGHT PROTECTION
Generally Copyright Creation: Life of the Author + 50 years
Computer Program: years as of the first publication
Performers: 50 years after the work is performed
Producer of Phonogram: 50 years after the work is fixed
Broadcasting: 20 years after the work is broadcasted for the first time
REQUIREMENTS OF FILING OF COPYRIGHT REGISTRATION
- Power of Attorney. No legalization is necessary.
- Statement on Ownership of Creation. No legalization is necessary
- Complete name and address of corporation;
- 12 examples of creations in form of painting/batik/drawing/photo;
- 3 examples of creations in form of writing/computer program/statuary;
- 3 Compact Discs for creations in form of film;
- First publication, place and date of creation/design, either in Indonesia or