COPYRIGH7 DECEMBER 1988 LA WS AND TREA TIES
INDONESIA
Act No.6 of 1982 on Copyright
(of April 12, 1982)
CHAPTER I -GENERAL PROVISIONS
Parr One
Meaning o(Some Terms
Artlclf 1. Meant in this Act by:
| (a) | legacy; |
| (h) | benefaction; |
| (c) | testamentary will ; |
| (d) | ha vi ng been made state property; |
| (e) | agreement executed by deed on the under |
| standing that such agreement only affects | |
| the authority stated in such deed. |
Parr Two
FunctIOn and Narure q( Copyrighr
Arlicl£':. Copyright is an exclusive right of the author concerned or his assignee to publicize or reproduce his creation or to give permission for
LillI')' IIlIO .force April 1:::. 198:::.
SO/llCC State Gazette of the RepublIc of Indonesia. No. 15
of 198:::.-English translation proVIded by the Deparlmem
of .JUSllCC of Indonesia.
without prejudice to the restrictions based on the existing law provsions.
Article 3. (1) A copyright is considered as a movable property.
(2) Any copyright may be transferred in whole or in part, because of:
Article 4. Any copyright belonging to an author, likewise any copyright which has never been publicized and, upon the demise of the author concerned, has become the property of his heir or legatee, cannot be confiscated.
Parr Three
Author
Article 5. (I) Except if it is proved otherwise, the person considered to be the author is he whose name is registered as the author of the work in question based on the provision in Article 29, or, if the work in question is not registered, he who is referred to in or on the work in question as the author, or he who has been announced as the author in the publicity of the work in question.
(2) In the event that in a lecture given not in writing, there is no announcement on the author of it, then the person giving said lecture is considered the author of it, except if it is proved otherwise.
Article 6. In the event that a work consists of several separate parts, created (or authored) by two or more persons, then the person considered to be the author is he who has directed and supervised
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the completion in whole of said work, or if there is no such person, he who has compiled it, without prejudice, however, to their respective copyrights, if any, to their individual share in said work.
A rtzcie 7. In the event that a work is materialized according to the design of somebody and worked out by someone else under the direction and supervision of the former, then he who has designed it, is the author of it.
A rticie 8. (1) In the event that a work is produced in the frame of an offIcial relation with another party within the same work sphere. then the party for whom and under whose jurisdiction said work is produced, shall be the holder of its copyright, except if there is another arrangement made by both panies. without prejudice. however. to the producer as the author of it. should it be that the use of said work is extended beyond said official relation.
(:2) In the event that a work is produced in the frame of a work relation with another party within the work sphere itself, then the party prodUClllg said work as the author of it. shall be the ho lder of its copyright. except if otherwise agreed upon by both parties.
Article 9. In the event that a corporate body
all forms of plastic arts. such as paintingannounces that it is the orig in of a given work with
out referring to somebody as the author of it. then said corporate body is considered to be the author of it. except if it is proved otherwise.
Part Four
Holder 0/ CO[Jynglz! /0
National Cultural Oll/cets
Article 10. (1) The State shall hold the copyright to historical, prehistoricaL paleoanthropological works and other national cultural objects.
(:2) (a) Popular cultural products. representing communal property. such as folklores. narratives, fairy tales. legends. annals. folk songs, handicraft. choreography. folk dances. calligraphy and other anistic works. are preserved and protected by the State:
(b) The State shall hold the co pyrigh t tu the works as referred 10 III paragraph ( .::')( 11 ) in respell of the outSIde world.
( 5) Further provisions on copyrights held by the State as meant in this anicle shall be laid down by Government Regulation.
Part Five
CO[Jvrighr lO Creative Works Under Protection
Article J 1. ( 1) Under this Act. works under protection are those in the fIeld of science. literature and ans. covering such as:
1. books. pamphlets and all other products ot writing ;
discourses, lectures. speeches. etc.:
and sculpture:
1 O. translations. interpretations. epitomes and kaleidoscopic compositions.
(:2) Translations. interpretations. epitomes. films. recordings. musical compositions. combinations of some works and other forms of reproduction by modifying the original creation. shall be protected as separate works. without prejudice to the copyright to the original creations. respectively.
(3) Also included in the protection meant in paragraph (1) and paragraph (:2). are all works not or not yet publicized but which have already taken the shape of a concrete entity. allowing the act of reproducing them.
1 ruc/c 1:: There shall be no copYrIght to:
(11) the outcome of any open-cloor meet ll1g of Supreme State InstItutions and Higher
COPYRIGHT -DECEMBER 1988 LA WS AND TREATIES
State Institutions as well as other constitutific or educational institution or docutional institutions; mentation center on non-commercial ba
law provisions (legislative provisions); sis in the exclusive furtherance of their court decrees and judicial rulings; activities. respectively:
State addresses and speeches of Govern(f) modifying any architectural work. such as ment officials; a work on construction. i.e. based on tech
awards of arbitration boards. nical considerations.
Article J 5. (1) In the national interest. any Part Six translation of a work in a foreign language, made into the Indonesian language or a regional dialect.
Restrictions on Copyright
shall not be considered an offense against copyright
Anide 13. There shall be no offense against copyright for:
(a) any publicity and reproduction of the coat of arms of the State and national anthem according to the original form;
(Ii) any publicity and reproduction of something publicized by or on behalf of the Government, except if the copyright in question is declared to be under protection whether by law provision or notice on the work itself or at the time of its publicity;
(c) any act of quoting news items in whole or in part from news agencies, radio or television broadcasting agencies and newspapers upon the elapse of 1 X 24 (one times twenty-four) hours as from the moment of the first publicity and by mentioning the source completely.
Anide 14. Provided that the source is mentioned completely, the following acts shall not be considered to be an offense against copyright, i.e.:
(a) quoting any work of someone else up to as much as 10% (ten percent) of the aggregate entity of it, as material to elucidate a point brought forward;
on the following conditions:
(2) For the act of translating as meant in paragraph ( 1) letter (hJ. a permit from the Minister of
.
Justice is required.
( 3) The Minister of Justice shall fix the compensation for the copyright holder concerned and in granting such translation permit he. the Minister of Justice. consults with the Copyright Board meant in Article 39.
Article 16. (1 ) With due observance of the provision contained in Article 48, item (b). any work belonging to a non-Indonesian citizen or foreign body, may be, in the national interest. reproduced for use within the territory of the Republic of Indonesia, i.e. on the following conditions:
(d)
quoting any work of someone else in whole
(a) the work in question, belonging to a nonor in part for the purpose of defense in or
Indonesian citizen or foreign body. has not out of court; been sufficiently reproduced within the quoting any work of someone else in whole
territory of the Republic of Indonesia in or in part for the purpose of: 2 (two) years' time as from its pUblicity:
1. lecturing. meant for education and (h) the necessary permission for reproducing science, excl usively:
the work in question has been applied for
2. exhibiting or displaying on free-of
but not obtained in 1 (one) year's time as charge basis.
from the submission of such application. reproducing any work in braille in the field
of science. arts or literature for the purpose (2) Any act of reproducing as meant in the
of the blind. except if such act of reproduc
.
sidered an offense ing has a commercial nature:
(e) reproducing in a limited number any work ( 3) For the act of reproducing the creati ve work in photostatic copies or by a similar pro meant in paragraph ( 1 ). a permit from the Minister cess, conducted by a public library. sci en-of Justice is required.
lD INDONESIA Text 1-0 1. page 3
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(4) The Minister of Justice shall fix the compensation for the copyright holder concerned and in granting such reproduction permit he, the Minister of Justice, consults with the Copyright Board meant in Article 39.
Article J 7. (1) Any publicity of a work by way of radio or television broadcast conducted by the Government, may be, in the national interest, made without requiring the prior consent of the copyright holder concerned, on the condition, howevee that the copyright holder concerned is given a reasonable indemnity.
(:2) Any radio or television broadcasting agency. authorized to publicize the creative work meant in paragraph ( 1 ), shall have the authority as well to preserve the work in question by its own means and exclusively for the purpose of its own radio or teleVision broadcast, on the condition, however, that for the purpose of continued broadcasting the broadcasting agency concerned shall give a reasonable compensation to the copyright holder concerned.
Article 18. (I) Any holder of copyright to a por trait of somebody shalL for the purpose of reproducing or publicizing the work in question, require the prior consent of the person portrayed or his or her heirs in 10 (ten) years' time after his or her death.
(:2) In the event that a portrait contains the picture of:2 (two) persons or more, then. for the purpose of reproducing or publicizing the picture of those portrayed, so the more if such publicity or reproduction also contains the picture of others. the copyright holder concerned shall require the prior consent of those contained in said portrait or their respective heirs, i.e. in 10 ( ten) years' time after the demise of the person concerned.
( 3) This article only applies to pictures taken:
Article 19. In the event that a picture is taken:
(0) without the consent of the person portrayed:
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then the holder of copyright to such portrait shall not be allowed to publicize it. should such publicity be in conflict with the decent interest of the person portrayed, or, if the person in question is already dead, the decent interest of one of his or her heirs.
Arlicle 20. Not considered an offense against copyright is the act of portraying one or more actors during a public show for the purpose of publicity, even though such show has a commercial character, except if otherwise expressed by the persons concerned.
Article 21. In the interest of public order and/or for the purpose of criminal court proceedings, anybody's portrait in whatever condition may be reproduced and publicized by the competent authori ties.
Arlicle 22. Except if otherwise agreed upon by and between the copyright holder and owner of a given work in the shape of photograph, painting, picture, architectural work, sculpture or other artifact, the owner is rightfuL without the consent of the copyright holder, to display the work in question in an exhibition for the public, or to reproduce it in a catalogue without prejudice, however, to the provisions in Article 1 8 and Article I 9, so far as the artifact in question is in the shape of portrait.
Arllclc 23. Except if otherwise agreed upon by and between the author and copyright holder. the author of any work on sculpturing or painting shall retain the right to produce a duplicate of it. notwithstanding the fact that the author concerned ha handed over the copyright to it to somebody else.
Article 24. (I) Any author or his heir shall be entitled to demand from the copyright holder concerned, that the author's name be ever attached to his work.
(:2) (a) It is prohibited to make changes in any work, except with the consent of the author concerned or his heir.
(b) In the event that the author concerned has handed over his copyright to somebody else, then, so long as he is still alive, his consent is required to make such changes and if he is already dead. the consent of his heir.
( 3) The provision meant in paragraph ( :2 ). sha ll also he applicable to any change 111 the title or subtitk of any creative work. tnsertlon or change of name or pseudonym of the author concerned.
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COPYRIGHT -DECEMBER ]988 LA WS AND TREATIES
( 4) Any author shall remain to be entitled to make changes in his work in accordance with the public decency.
Article 25. ( 1) The copyright to any work shall remain in the hands of the author concerned so long as the aggregate copyright has not been handed over to its buyer.
CHAPTER II -DURATION OF COPYRIGHT
Article 26. (I) Any copyright shall be valid for the lifetime of the author concerned and 25 (twenty-fIve) years after his demise.
(2) In the event that a copyright is owned by 2 (two) or more persons, then the copyright in question shall be valid for the lifetime of the author longest alive and for another 25 (twenty-five) years after his demise.
Article 27. Any copyright to a work in photography or cinematography or produced by a similar method of processing shall be valid for a period of
J 5 (fifteen) years effectivc as from the date of its pUblicity without prejudicc, however. to the provision contained in Article 11, paragraph (3).
Article 28. ( 1) The duration of the copyright to a creative work publicized part after part, shall bc effective as from the date of the publicity of the last part.
( 2) In determining the duration of the copyright to a creative work comprising 2 (two) volumes or more, likewise summaries or news items publicized in print and not concurrently, then each volume or summary or news item shall be considered to be a separate work.
CHAPTER III -REGISTRATION OF WORKS
Article :!CJ. (1) The Department of Justice conducts the act of registering works by entering them in a public register for works and publicizing such registration officially.
Article 30. The act of entering a work in the public register for works shall not imply the mean ing of legalizing its contents, concept or shape.
Article 31. (I) Any act of entering a creative work in the public register for creative works, shall be conducted on request submitted by the author or copyright holder concerned.
Article 32. Any request for registration of a creative work made on behalf of more than one person and/or corporate body, shall be allowed provided that said persons or corporate bodies collectively are entitled or have stated their consensus in writing that they are collectively entitled to the work in question whereas a certified copy of such deed or written statement, evidencing said event, has to be submitted to the Department of Justice, being in charge of such registration.
Article 33. Said public register for creative works shall contain such as:
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ing to the provisIon In Article 31. have
been met duly:
register number of the work in question.
Article 34. (1) Any act of registering a work shall be considered to have been accomplished at the moment of the receipt of the request for registration at the Department of Justice. complete according to the provision contained in Article 31, or at the moment of the receipt of the request for registration complete according to the provision in Article 31 and Article 32. i.e. if the request for registration in question is submitted by more than one person or body as meant in Article 32.
Al'llclc 35. (1) Any transfer of right to a creative work registered according to Article 33 under one number. shall only be permitted if the work in question IS transferred in whole to the transferee concerned.
Amclc 36. (1) In the event that a work registered according to Article 33. is not consistent with the provisions meant in Article 13, Article 14, items (a), (h), (c). (c) and (f). Article 15, Article
16. Article 19, Article 20. Article 21 and Article 23, then somebody else who. according to Article 2. is entitled to the copyright in question. may take a legal action before the Jakarta Pusat Distnct Court by submitting a written c lai m SIgned by the petitioner hImself or hv hIS attorney demanding the abrogation of the registratIon of the work ITl question.
Arllcle 37. (1) Any change of name or address of the person or corporate body. whose name is registered jn the public register for creative works as the author or copyright holder, shall be entered in the public register for works at the written request of the author or copyright holder to whom the name or address in question belongs, i.e. by settling the charges fixed by the Minister of Justice.
( 2) Said change of name or address shall be promulgated in the Supplementary State Gazette of the Republic of Indonesia by the Department of Justice.
Article 38. The legality of the registration of a creative work shall terminate due to:
CHAPTER IV COPYRIGHT BOARD
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Article 39. (1) In an effort to assist the Government in providing information and guidance and in developing copyright. a Copyright Board is established.
(2) The members of the Copyright Board comprise representatives from the Departments and Government agencies concerned as well as representatives of organizations based on the respective lin es of expertise or profession.
( 3) The conditions for the author's organization to have its representatives OIl the Copyright Board, the numher of representatives and requirements, shall be /;ud down by Government Regulation.
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( 4) The appointment of expert members or professional representatives in the field of copyright and the addition of members shall be brought about by the Government along with the member representing his or her organization.
Article> 40. (1) The Chairman, Vice Cha irman, Secretary, Deputy Secretary and other memhers of the Copyright Board, shall be appointed and discharged by the President on the proposal of the Minister of Justice.
CHAPTER V -RIGHT AND POWER TO CLAIM
Arllclc 41 Any transfer of copyright to a work
in its entirety to another person or body shall not
prejudice the right of the author concerned or his
heirs to sue at law anyone havmg, without his or his
he ir's consent:
(aJ eliminated the author's name attached to
the creative work in question;
Arliclc 4::. (I) Any copyright shall prov ide the
right to seize the object publicized in conflict with
the said copyright and admissible reproduction by
way and with due observance of the provision gov
erning the seizure of personal estates, whether for
the purpose of claiming the delivery of said object
so as to be come his possession or for the purpose of
claiming that said object be destroyed or mutilated
so that it is no longer usable. Such copyright shall
also provide a similar right to seize and claim the
amount of admission fees collected for attending a
lecture. display or exhibition in defiance of the
copyright in question.
(2) In the event that the delivery of the object as meant 111 paragraph (1 l. is claimed, the judge concerned may instruct that such delivery be effected only upon payment of indemnity by the claimant concerned in favor of the party acting in good faith.
( 3) In the event that the work as meant in Article 11, constitutes an offense, then the copyright holder concerned shall be entitled to put in a claim before the district court in order that the district court, other than for the purpose of obtaining indemnity, also instructs the offender concerned to make the necessary changes so as to eliminate said copyright offense, on the condition, however, that the offender concerned shall be obliged to pay a given amount of indemnity, should said court order be not executed within the fixed period of time, without prejudice to any criminal prosecution of the offense
Article 43. (1 ) The right of the copyright holder as meant in Article 42 shall not apply to any object, being in the hands of somebody who does not do business in such objects and who has acquired it for his own purpose.
(2) The claim as meant in Article 42, paragraph
( 3) shall only be lodged against an offender who has deliberately caused a copyright offense.
CHAPTER VI -CRIMINAL PROVISIONS
Anicle 44. (1) Whosoever intentionally commits an offense against copyright. shall be sentenced to imprisonment of 3 (three) years at the most or fined as much as Rp. 5,000,000.-(five million rupiah) maximally.
Article 45. The criminal acts as meant in Article
44. shall not be prosecuted unless a charge is
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brought against by the copyright holder concerned.
Article 46. In the event that a crime as meant in Article 44, is committed by or on behalf of a corporate body. then a criminal prosecution shall be instituted and a criminal or administrative action shall be taken against the corporate body concerned or the person who has given orders to commit it or the person who has led the act of committing the crime in question.
Article 47. Any reproduction seized for reasons of proven offense against copyright. may be destroyed by the Court, however, the Court in its verdict may decide that the reproduction in question be handed over to the copyright holder concerned upon his request. which has to be submitted at the latest one month following the date on which said verdict has obtained permanent legality.
CHAPTER VII -CLOSING PROVISIONS
Articlt' 48. This Act shall apply to:
Artietc 49. This Act comes into force as from the date of its promulgation. In order that everybody has knowledge of it, it is hereby instructed to promulgate this Act by placing it in the State Gazette of the Republic of Indonesia.
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