THE COPYRIGHT LAW OF THE REPUBLIC OF INDONESIA
CONSOLIDATED TEXT OF LAW NO. 6/1982
AS AMENDED BY LAW NO. 7/1987 AND LAW NO. 12/1997
. N D ElUCIDATION OF LAW OF THE REPUBLIC OF INDotlESIA
NO. 12 OF 1997
ON AMENDMENT OF LAW NO.6 OF 1982 ON COPYRIGHT
AS AMENOED BY LAW NO.7 OF 1987
THE COPYRIGHT LA Vi
OF THE REPUBLIC OF INDONESIA
CONSOLIDATED TEXT
OF LAWNO.6/1982
AS AMENDED BYLA\VNO.711987
AND LAW NO.1211997
CHAPTER I
GENERAL PROVISIONS
Part One
Mea ning of Several Terms
Article 1
5. Reproduction means to i ncrease the number of a work, by making the same, closely similar or resemble work using either the same or different materials, in cludin g to change the form or mode of a work. Portrait means any picture taken by wha tever mean s and with whatsoever equipment portraying the face of a person together with or without other parts ofthe body.
7. Computer program mean s a program which is specially crea'ted to enable a computer to carry out certain functions.
Performer means an actor/actress, singer, musicia!l: dancer or a person who perfonns, acts, shows: si ngs: communicates: recites, or plays a music composi tion, drama, dance, literary work or other kinds of artistic works.
o
..-. Producer of phonogram means a persO!: or legal corpor2.te bodv that in the first time records 81 has the initiative to
finance the activity of reco rdi ng voice or sound of a
performance as brc;[tccaSiJng (,rgai11satl0;"i
well
other kir;c of voice or
sm.!:lc1.
as
J _'.
•" • •
orf.;!·_; ::(·r:
".'.'hIct idiiS broadc?stinE. either 3 G0Vemr::(,nL Brocccas!!n£!.
--
A!2encv or Pri\'ate Broadcat:-lu A�:..::ncv bein a !cQai
.. "" .. .
'--." -
bod,' that broadcasis a broacc:'.s.inQ: work rhrc,u2!-; '.,·ire: c;'
wireless transm issi o ns or other dectronic svstems.
"'
11. ConvriQht Office mean s an oHzanisation within the
Department which undertakes the tasks an d assignment J:1 the field of c.opyrights.
Part Two
Function and Nature of Copyrigh ts
Article 2
(1) Copyright means an . exclusive right of an author or a recipient of the right to publish or reproduce a \1/or or to give permission therefore without prejudice to restrictions pursuant to the prevailing laws and regulation s.
:Tjtc:ns :!r!
(2) An author arid or a reCIpIent .of a copyright on
cinematographic work orcomputer program shall have the right to give permission . or to prevent another person whom without his approval rents out the work concerned for commercial purposes.
Article 4
A copyright that is owned by the author, and likewise a copyright that has not' been published which after the de<lth of its athor becomes the proper ty of his heirs or legates, may not be confiscated.
Part Three
Author
Article 5
( 1) Unless proven otherwise, the person deemed to be the author is:
a. the perSOll whose narn is registered ill till: Gl:nral Register of Works and the official announcement of registration referred to in Article 29.
b. the person whose name is mentioned in a work or announced as the author of a work.
(2) Unless proven otherwise, the person giving a lecture shall be deemed to be the author of a lecturer that is not vnitte n and for which there is no notification of the idtn:ity of the
author.
Article 6
If a work consists of several separate parts that were created by two or more persons, the author shall be deemed to be the person who led and supervised the completion of the entire work, or if there is no such person, the person who compiled it, v,ithout prejudice to individual copyrights to parts of the work.
Article 7
If a work designed by someone is realised and worked out by other persons under his guidance and supervision, the author shall be the person who designed the work.
Article 8
(1) If a work is made within an offici al service for another person in the scope of employment, the other party for whom and whose service the work was made, Vrithin that other party's official scope of authority, shall be the copyright holder, unless there has been another arrangement between the two parties, without prejUdice to the right of the maker as the author if the use of the work is expanded beyond the official service.
(1 a) The provision referred to in paragraph (1) shall also apply to a work maqe by another party based on an order which is carried out within an official relationship.
(2) If a work is made within the scop.c of employment or based OIl an ('rcler, a party who makes slIch a work shall be deemed as the author and the copyright holder, unless otherwise agreed by the two parties .
. Article 9
If a legal entity announces that a work has originated from it without mentioning a person as the author, then the legal entity shall be deemed to be the author, unless proven otherwise.
Part Four
Copyright to Works of Unknown Authors
Article 10
Article lOA
pseudonym, the publisher shall hold the copyright on the work for the sake of the author.
Part Five
Works Protected under Copyright
ArticJ e 11
c. visual aid made for educational and scientific purpose;
d. songs or musi c with or without lyrics, i nclu ding arts .ofkarawitan and phonograms;
e. dramatic works, dances (choreographic works), puppet shows, pantomimes;
h. all forms of art, such as parntmgs, drawings, engravings, calligraphy, carvings, sculptures, collage, applied arts in the form of handy-crafting;
1. architecture;
J. maps;
(2) Works referred to in paragraph (1) letter n are protected as a work of its own without prejudice to the copyright over the original work.
(3) The protection referred to in paragraphs (1) and (2) shaH include any work that is not or has not yet been published, but which has already been in an obvious form which would enable its reproduction.
Article 12
There shall be no copyright to:
any result of open meetings of the Highest State Institutions and High State Institutions and other constitutional institution
b. laws and regulations;
court decisions and judicial orders;
Part Six Copyright Restrictions
Micle 13 There shall be no infringement of copyright for:
publication and reproduction of the· symbol o( the State and the national anthem in accordance with their original nature;
b. publication and reprodl.Jction of anything which is published by or on behalf of the Government, except if the copyright is declared to be protected by law or regulation or by a statement on the work itself or at the time the work is published;
repetition, either in whole or in part, of news from a news agency, radio or television broadcaster, and ne\vspaper not less than 1 x 24 (one times twent y four) hours . counted from the initial publication of such news, and the source thereof shall be fully cited.
Aniclc 111
Provided that the sources are fully cited, the following shall not be deemed as copyright infringement:
Article 15
(1) In the interest of education: science and research and development activities, a work that is protected by copyright and within 3 (three) years of its publication has
not been lra!lslatld into Indonesian language or reproduced in the territory of the Republic of Indonesia, the Government after hearing the considerations of the Copyright Council may:
c. itself carry out the translation and or reproduction of such work, where the Copyright Holder does not carry out the obligations referred to in letter b.
(2) The implementation of the provisions as paragraph (1) letter b and letter c shall be accompanied by the granting of a fee the amount of which shall be stipulated by the
Government.
(3) Further implem entation of the provisions of paragraphs (I)
and (2) shall be regulated in a Government Regulation.
Article] 6
The Government, after hearing th e considerations of the Copyright Council, may prohibit the publication of any work which is contrary to government policy in the field of defence and stale security, morals and public order.
Article 17
(I) The publ ication of a work by a radio or t elevi sion broadcast conducted by th e Government in the national inte(est may be carried out without need of prior pe nnission from the
Copyright Holder, provided that reasonable compensation is given to the Copyright Holder.
(2) The radio or television broadcasting station competent to publish the work referred to in paragraph (1) shall have the authority to preserve the work by using its own equipment
'
and solely for its own radio or television broadcast, provided that for subsequent broadcasts said station shali give reasonable compensation to the Copyright Holder concerned.
Article 18
at the request of the person portrayed; upon a request made on behalf of the
person
b.
portrayed;
c. in the interest of the person portrayed.
Article 19
In the event that a portrait is made:
the holder of the copyright to the portrait shall not be allowed to publish it, if the publication is contrary to the'reasonable interest of the person portrayed, or if that person has died, the reasonable interest of one of his heirs.
Article 20
Photographing in order to publicise one or more actors in a public performance, even though commercial in nature, shall not be deemed to be an infringement of copyright, except if stated otherwise by the person concerned.
Article 21
In the interest of the public security and or for the purposes of the criminal justice pro cess, a portrai t of a person in any condition whatsoever, may be reproduced and published by the competent
agency,
Article 22
Unless agreed otherwise between the Copyright Holder and the O\vner of a creative work in the form of a photograph, painting, drawing, architectural work, sculpture and other artworks, the O\\'ner shall be entitled to without the consent of the Copyright Holder to display the work in a public exhibition or to reproduce it in a catalogue, with detracting from the provisions of Article 18 and Article 19 if said work of art is in the form of a portrait.
Article 23
Unless agreed otherwise between the author and the copyright holder, the author of a work in
the form of a sculpture or a
\vork, even
painting shall remain entitled to make the
though the author has transferred his copyright to another person.
Article 24
(1) An author or his heir shall be entitled to require that the copyright holder place the name oftbe author on his work.
(2)
Article 25
CHAPTERll
COPYRIGHT VALIDITY
Article 26
(1) The copyright on:
a. books, computcr program, pamphlets, typographical arrangemcllt of published works, and all other written works;
sermons, lecturers, addresses and other works of utterance
c. visual aids for educational and scientific purposes
songs or music with or without lyrics, including arts of karawitan and phonograms;
g. architecture;
h. maps;
1. batik art; translatio!lS, interpretations, adaptations, anthologies,
J.
and other works as a result of changing of form or
mode shall be protected for the life of the author and 50 (fifty) years after his death.
(2) \Vhen a work referred to in paragraph (1) is jointly owned by 2 (two) persons or more, the term of protection on such work shall be for the life of the longest surviving author and shall continue until 50 (fi fty) years after the death of the said longest surviving author.
Article 27
phonograrr.s;
(2) The copyright on a photographic work shall be for 25
(twenty five) years as from the first publication of the work. (2a) The copyright on typographical arrangement of a published
'
work shall be for 25 (twenty five) years as fro m the first publication of the work.
(3) The copyright on works referred to in paragraph (1) and Article 26 paragraph (1) which are oVv'T1ed or held by a legal body) shall be for 50 (fifty) years as from the first publication, whereas copyri ght referred to in paragraphs (2) and (3) shall be for 25 (twenty five) years .
Article 27A
b. provisions of Article 10A paragraph (1) shall be for 50 (fifty) years as from the first time the work is known to the pubJic.
(2) The copyright on works which are exercised by publishers pursuant to provisions of Article lOA paragraph (2) shall be for 50 (fifty) years as from its first publ ic ati on.
Article 28
Article 28A
The term of protection for the right of an author referred to in:
| a. | Article 24 paragraph (1) shall be without any time limit; |
| b. | Article 24 paragraphs (2) and (3) shall be for the period of |
| copyright on the work concerned, except for the mentioning | |
| and changing of name or pseudonym of the author. |
Article 28B
\Vithout prejudice to the right of an author over a. tenn of copyright protection willch is computed from the date of a work comes into exi stence, the computation of the teml of protection on a work which enjoys a protection shall be for:
death comp uted from 1 January of th e following year after the work concerned has beCE published, or the work has become knOVfI1 by the public, or after the author died .
CHAPTER III
REGISTRATION OF WORKS
Article 29
!\ II i c](' l ()
The registration .of a work in the.: General R.cgister of \Vorks shall not be construed to mean validatio n of the content, meaning or form of a registered work.
Article 31
(]) The registraticr: of (l \vork in the Gener2.! Register of \Vo:-ks shall be conducted on the basis of an appl ication submitted by the author or by the copyright holder.
(2) An application for registration of a work shall be: c.cidressed
to the Minister of Justice in t\VO COpiLS written in the
Indonesian language accompanied by:
a. the registration fee as determined by the f,1inister of Justi ce;
a sample of the work or a substitute.
(3) Further provisions on applications shall be stipulated by the Minister of Justice.
Article 32
An application for registration of a work conducted on behalf of more than one person and or legal entity shall be permitted if the persons or legal entities are jointly enti tl ed to or dec l ared by a wri tten agreement that they shall jointly be entitled to said work and subm i t to th e Departm ent of Justice, which conducts the registration, an official copy of the written explanation or deed evidencing said fact.
Article 33
The General Register of Works shall include among other things:
a.
the date of receipt of the appli cati on ;
the dale of completion of the requirements in accordance with the provisions of Article 31.
c. the nu.mber of registration of the \Vork.
Art icle 3'1
Article 35
(I) The transfer of rights to the registration of a work registered according to Anicle 33 regi stered under one number, shall only be permitted if the rights to the entire work th at is registered are transferred to the recipient of the rights. Said transfer of rights shall be recorded in the General Register of \Vorks upon a written request of b oth parties or the recipient of the rights .
0) The 1x.1inister of Justice shall determine the charge for recording such transfers of rights.
(4) The recording of said transfers of rights shal l be announced by the Copyright Office in the Suppleme nt of State Gazette of the Republic of Indonesia.
Article 36
(1) If a work regi stered according to Articles 31 and 32 is not in accord ance \\'ith the prov isio ns of .Articles 13, 14 letters a,
b, c, e, f and g, 19, 20, 21, and 23, then other perons who according to Article 2 are entitled to a copyright may fi Ie a claim with the District Court of Central Jakarta by a petition signed by the applicant himself or his proxy, requesting that the registration of said work be cancelled.
Article:; 7
Article 38
The legal force of the registration of a work shall become void due to:
3. cancellation upon the request of a person or legal entity the name of which is recorded as the author or the copyright holder;
b. expiry, referred to in Article 26 in view of Anicles 27 and 28· , invalidation by a court decision which has become final and binding.
CHAPTER lilA
LICENCE
Article 38A
Article 38B
Unless otherwise agreed, the copyright holder shall reserve the right to exercise or to give further licences to other third parties to carr)' out activities referred to in Article 2.
Article 38C
(1 ) A licensing agreement shall not contain clauses which may dirctly or indirectly cause detrimental effect on the economy of I ndonesia.
.
(..:..., ) In order to have legal consequences agai ns t a third par1'y a licensing agreement shall be recorded at the Copyright Office.
CHAPTER IV
COPYRlGHT COUNCIL
Article 39
with members representing their organisations.
Article 40
CHAPTER V
lUGHTS AND AUTHORlTY TO BRING LAWSUIT
Article 41
The transfer of copyright on all works to another person or entity shall not prejudice the right of the author or his beneficia ries to bring la\vsuit against any person who without his consent:
| a. | deletes the name of the author on the "\-"lork; |
| b. | signs up a name as an author of the work; |
| c. | replaces or changes the title of the work; and or |
| d. | changes the content of the work. |
Anicle 42
(1) The copyright holder shall have the right to claim for damages to the District Court against copyright infringement and request confiscation of the published goods or the reproduction of such goods. In the event that there is a claim to submit goods referred to in paragraph (1), a judge may order that the delivery shall be done on payment of the value of the goods by the copyright holder to a party who acted in good fa ith.
(3 ) The .copyright holder shall also have the right to request to the District Court to order del ivery of the whole amount or part of income earned through conducting sermons and other scientific events, or performances or exhibitions of works resulting from copyright infringement or which is conducted in a manner infringing the copyright concerned.
(4) To avoid further damage to the party whom the right has been infringed, a judge may order the infringer to stop any activities of m a king, repf()ducing, broadcasting, distributing, and selling works or goods resulting from copyright infringement.
Article 43
The right of a copyright holder referred to in Article 42 shall not apply to goods held by a person who does not trade such goods and has acquired it for his own use.
Article 43A
An author of a work or his beneficiary may bring 2. cl2.im for damages against violation of the provisions of Article 24.
Article 43B
The right to bring a civil action referred to in Article 2 shall not prejudice the right of the State to prosecute copyright infringement.
CHAPTER VA
:NEIGHBOURlNG RIGHTS
Article 43C
Article 43D
c, a broadcasting organisation which produces broadcasting work shall be for 20 (twenty) years after the work is fIrstly broadcast.
Article 43E
Provisions referred to in Articles 3, 4,5, 8,9, 13, 14, 15, 16, 17, 24,25,29,30, 31, 32, 33, 34, 35, 36,37, 38,381\ 38B, 38C, 39, 41, 42, 43, 44, 45, 46 and 47 shall also be applicable to the owner of right referred to in Article 43 C,
CHAPTER VI
ClUMINAL PROVISIONS
Article 44
(1) .Any person who deliberately and without right publishes or reproduces a work or gives permission for this purpose shall be sentenced to imprisonment of at most 7 (seven) years and/or a fine of at most Rp. 100,000,000..... (one hundred million rupiah).
(2) any person who deliberately broadcasts, exhib i t s, distributes, or sells to the puhl ic (\ work or goods result iIl [rom a copyright infringement referred to in paragraph (1) shall be sentenced to imprisonment of at most 5 (fiv e) years and/or a fine of at most Rp. 50,000,000.-(fifty million rupiah).
(3) Any person who deliberately vi ol ates the prov isi ons of Article] 6 shal l be sentenced to imprisonment of at most 3 (three) years and/or a fine of at most Rp. 25,000,000.(twenty five million rupiah).
(4) Any person who deliberately violates the prov isions of Article 18 shall be sentenced to imp:-isonment of at most 2 (two) years and/ or a fine of 2.t most Rp. 15,000,000.(fifteen million rupiah).
Article 45
A work or goods resulting from a copyright infringement, upon a court decision, may:
a. be seized for th e State to be destroyed ;
b. be deli v ered to the copyright holder, pro\ded that the copyright holder concerned has brought a civi l acti on agai nst the case of infringement of the copyright concerned, based on the provisions referred to in Article 42.
Article 46
The criminal offences referred to in Article 44 shall be felonies.
CHAPTER VI A
INVESTIGATION
Article 47
In addition to investigating officers at the State Police of the
Republic. of In donesi a, certain civil servants from the
department whose ScOP( of duties £lnd responsibilities illC!UUC the lOlllutioll or copyrights shall be granted speci al
authority as investigators referred to in Act No. 8 of 1981 on Criminal Proceedings, to conduct investigations on criminal offences in the field of copyrights.
criminal offences in the field of copvriahts'
.I ,
O. to conduct examination of a person or legal entity suspected of committing criminal offences in the field of copyrights; to collect information and evidence from persons or legal entities in connection with incidents of criminal offences in the field of copyrights;
CHAPTER VII
CONCLUDING PROVISIONS
Article 48
This Act shall apply to all works and Neighbouring rights belonging to:
| a. | any Indonesian citizens, residents, and legal entities; | ||||||||||||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| b. | non-Indonsian citizens, non-Indonesian residents and non | ||||||||||||||||||||||||
| Indonesian .legal entities that are published for the first time | |||||||||||||||||||||||||
| in Indonesia | or | published | in Indonesia | within 30 | (thiny) | ||||||||||||||||||||
| days after the first publication outside Indonesia; | |||||||||||||||||||||||||
| c. | non-Indonesian citizens, non-Indonesian residents, and non | ||||||||||||||||||||||||
| Indonesian legal entities, provided that: | |||||||||||||||||||||||||
| 1 ) | their | country | has | bilateral | agreements | on | the | ||||||||||||||||||
| protection of copyright and neighbouring rights with | |||||||||||||||||||||||||
| the Republic ofIndonesia; | |||||||||||||||||||||||||
| 2) | their country and the Republic of Indonesia are parties | ||||||||||||||||||||||||
| or | member | countries | of | the | same | multilateral | |||||||||||||||||||
| agreement | on | the | protection | of | copyright | and | |||||||||||||||||||
| neighbouring rights. | |||||||||||||||||||||||||
ELUODATION
OF
LA.\V OF lliEREPUBUCOF INOONESIANO.12 OF 1997
ONM1ENDMENTOFLA\VNO. 60F 1982 ON COPYRIGHf
GENERAL
The decree of People1s Consultative Assembly of the Republic of Indonesia No.IIJ1vfPRIl993 on the Guidelines of State Policy stipulates, among others, that world1s development which brings opportunities capable of supporting and increasing the growth of national development should be employed to the most. In line with the direction of the Guidelines of State Policy, therefore, all global developments, changes, and inclinations that might presumably influence the National Stability and the achievement of national objectives need to be carefully observed, in order to be able to take the anticipating steps.
One of the significant and closely monitored developments during the last decade, which is still going to be the incl ination in the future, is the ever grmving flow of globalization in social life, economy, culture and in other sides of life. In the field of trade , the development of, in particular, inforrntion technology and transportation has rapidly driven activities in this sector and has even merged the \vorld into a single common market. Having considered such facts and inclinations, it is then quite reasonable when there is an urge toward regulating for a more appropriate legal protection. :Moreover, there is a number of countries which are getting more relying their economic and
| trading | acti vities | on | products | being | a | result | of | human | ||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|
| intel lectuals, | such | as works | in the | field | of scien | ce, arts | and | |||||
| literature. | ||||||||||||
The General Agreement on Tariff and Trade (GATT) as a multilateral agreement on tradc basically aimcd to create a frcc trade and equal treatment as well as to help create economic growth and progress, in order to achieve human prosperity.
In the framework of the Agreement, in April 1994 in Marakesh, Morocco, a package of trade negotiation deals has been agreed, and it became the most comprehensive agreement GATT has ever achieved. The negotiation which had begun in 1986 in Punta del Este, Uruguay, and known as Uruguay Round contains, among others, the Agreement on Trade Related ASlJccts of Intellectual Property Rights (TIUPS).
The TRIPS Agreement established norms and standards of protection for human intellectuals and laid the international agreement on Intellectual Property Rights as its foundation. In addition; the agreement also regulates strict implementing rules of
legal enforcement in ·the field of Intellectual Property Rights.
As a signatory to the Uruguay Round Agreement Indonesia has ratified the agreement package v.;ith Law No. 7 of 1994 concerning the Ratification of the Agreement Establishing the World Trade Organization. In line with the policy, to support national development activities, particularly after considering the various changes and development, Indonesia, which had adopted a national Copyright Law since 1982 which was then amended with Law No. 7 of 1987, views that it is necessary to make perfection on the Law concerned.
In addition to the perfection of some provisions considered as providing inadequate legal protection on Authors, it is also considered necessary to make adjustment to conform to the TRJPS Agreement. The goal is to eliminate various barriers, in partic1:llar, to facilitate efforts that promote the economic growth as well as national and international trade.
With such background and considerations, therefore, the general area and course of amendment on Law No. 6 of 1982 as
amended with Law Nq. 7 of 1987 concerning Copyrights covers, among others:
1. Perfection
In this Law, the perfecti0I1: covers the proVIslons concerning the protection on works of which the Authors are unknown, ,exception'a} provision cncenUng the infringement of , c6pyrights, the tenn of protection of works, right and authority to bring lawsuit, and provisions concerning Civil Servant Investigator (PPNS).
2. Addition
Some changes to add provisions concerning:
| a. | Rental Rights of the holder of copyrights concerning | ||||||
|---|---|---|---|---|---|---|---|
| video records, movies, and computer programs; | |||||||
| b. | Neighboring | Rights | which | cover | protection, | for | |
| performers, phonogram producers, | and | broadcasting | |||||
| agency; and | |||||||
| c, | copyright license | ||||||
ARTICLE BY ARTICLE
Figure 1
The amendment on provision of Article I figure 2 i? meant to affirm the required element of originality of work to qualify for copyright protection. A work has to be in a distinctive form and shows the originality as a creation of person based on ability and creativity of a personal nature. "In a distinctive form" means that the work has to be completely realized, so that it is capable of being seen, heard or read. To include in the definition of " capab le of being read" is Braille reading. Since a work has to be in a distinctive form, the protection of copyright shall not then
b.e granted trlis concept, an idea doe's ' not ' basically qual ify for . a copyright protection because an idea has no fonn that enables it to be seen, . heard or read. The addition . of provisions concefTIing .the definition of performer, phonogram p.rodcer arid broadcasting agency is' necessary in relation to the addii9n .of new provisions concerning Neighboring Rights. In the definition of performer, the mentioning of ctor, singer muician, and dancer ' is to show the professions of performers, which are basically only to mention some of those whose activities c.rc to perform, show, act, sing, communicate, recite, or 'play a piece of work.
Meanwhile, the definition of phonogram producers includes those who carry out activities of direct recording on objects whih produce voice or sound, including those who record 'voice . or sound in different musical
. arrangements, and not just multiply or reproduce existing recordings. As of the meaning of "broadcasting workst1 in the definition of "broadcasting organization" covers, among others, pictures or pictures and voice. The requirement that it should take the form of legal body only applies to Private B roadcasting Organization.
Furthermore, see the elucidation of the previous
Article 1.
Figure 2
This amendment is meant to affirm the recognition on the existence of rights belonging to Authors or copyright holders of cinematographic works and computer programs, in the form of rights to prevent or to give consent to the commercial rental of cinematographi c works or computer programs.
Similar rights may apply to producers of phonograms.
Furthermore, see the elucidation of the prevIous Article 2 .
. The addition of provision in p aragraph (1) A is meant to c1arify the principle that the copyright on a work made by a person on work order, for instance, within a Government office, unless othen:vise agreed, is he1d by the office concerned, as the party who gave the job order. This provision does not prejudice the right of the person who makes the work, as the Author, if such work is used beyond the official reI ationship. Meanwhile, the ame ndment in paragraph (2) is meant to clarify the existence of copyrights on works made beyond an official service or works made on a work order. This means that the work is made within a work service in private sector or is made on a work order between a private institution and another party or between individuals.
Furthermore, see the elucidation of the previous Micle 8.
FiQUre 4
.
This amendment is meant to affirm the status of
copyright in the event that the author of a work is unknown and the work is not or not yet published in its appropriate form. For example, in the case of a written work or music, the work has not been published in the form of book or has not been recorded. In that case, to protect the rights of the Author, the State holds the copyright for the Author. In the event that the work is in the form of a written work and has been published, then the publisher holds the copyright on such work.
A publisher is also deemed as holding the .copyright of a work that is published under a pseudonym of the Author. Therefore, upon a published work of which the Author is
unknown or the name printed on it is only a pseudonym, the publisher whose. name appears on the work and which, based on presented evidence, is the first publishing the work, represents the Author.. However, this does not apply when the Author subsequently rveals his identity and is able to proof that he is the Author of the work.
Furthermore, see the elucidation of the previous Article 10 A..
Figure 5
This amendment is actually only to re-arrange the order of kinds of works within the scope of copyright by classifying them according to the kinds and nature of the works. Moreover, some kinds of works need an explanation as follow:
A typographical arrangement means the art or aesthetic aspect of the writing arrangement and shape of a vrritten work. This is to include the format, decoration, color, and arrangement or layout of letters that as a totality constitutes a distinctive fonn. As of drawings cover, among others, technical drawings, patterns, diagrams, sketches, logos, and shapes of characters. A collage is an artistic composition . made of various materials, such as clothes, paper, wood attached on the surface of a picture.
As of applied art, it is basically handcrafting art that can be produced in great numbers. For example, jewels or accessories, furniture, decorative paper or wall ornamentals, and clothes design. Visual aids that are
·
granted protection are devices for the purpose of science, including education.
Architecture includes construction art, miniatures or construction models. Batik, as an artwork, is granted protection by this Law as a distinct work. In this Law "Batik" means a new creation which is not a traditional or contemporary one. Such works are granted protection
because they have artistic values, on the creation of pattems, dra\yjngs as ' well · 'as 'color ' co mposition. The protection on traditional batiks is granted against any foreign party or party from abroad. The term of protection on 'traditional ' 'batik works , such ", as Parang Rusak, Sidomuh.-ti,' Truntum and ethers have elapsed and become public 'domain. Therefore, basically, 'Indonesian nationals are free to use them. Furthermore, cinematographic work as a communication medium of moving images and voices is to include documentaT)1 films, news; reportage, or movies made on scenario and cartoon movies. Cinematographic works mey be made on celluloid tape, video tape, video disc, 2.nd or other media which make them possible to be sho\\11 at movie theatre, on wid e screen, or television.
An anthology inCludes works in the form of book of which the content is a compilation of assorted Vlritten works, collection of assorted songs recorded in a single cassette, or composition of assorted choreographs.
Figure 6
The amendment in this Article is made by omitting the 10 percents limitation in the provision concerning the use that is not considered as a copyright infTingement. The omission is necessary because it is difticult to apply a quantitative measure to establish an infringement. In this case, a qualitative measure would be more appropriate. For instance, taking the most important or distinctive part or distinctive feature of the work, even though it does not amount to 10 percents. Such use substantively qualifies an infringement of copyrights, Furthermore, the use of copyright does not constitute an infringement if such use clearl y mentions the source, whereas the use itself is
limited for a non-commercial purpose including social activities, For instance, 2.ctivities In the scope of
education, research and development, the use in the scope of science is precluded provided that" it does not harm the norinal interests of the Author. To include within this definition is taking the excerpt of a work to be used in a free-of-charge show or performance. On taking excerpt of a written work, the full identity of the source work has to be mentioned. It means that it has to mention at least the n:lme of the Author, the title or name of the worY.., and the
name of the publisher, if any. The measure of normal interests of an Author has to be appraised by the rights of the Author, in particular, to enjoy economic benefit from the work concerned. If a dispute emerges, tbe lssue shall be settled by a decision of the Court.
Besides that, the amendment is also made on the restricti.on for reproducing works other than computer program. The purpose is to affirm that the reproduction of a work may not exceed the needed number of copies as to meet the purpose of reproducing the work concerned. In relation to computer program, it is necessary to assert that the o\vner of this kind of work may only make one copy of the work, used solely as a reserve of the work concerned. This provision also applies to public libraries, science or
| education | institutions | and | documentation | centers, | used | |||
|---|---|---|---|---|---|---|---|---|
| solely for conducting their a | ctivities. | |||||||
| Furthermore, | see | the | elucidation | of | the | previous | ||
| Article 14. | ||||||||
Figure 7
The amendment is meant to confonn to the amendment made on provision of Article 11 that classifies the kinds of works based on form and field of works. The rest is the classification of kinds of works based on the term of protection.
Furthermore, see the elucidation of the previous Article 26.
Figure 8
See the elucidation of Figure 7.
Figure 9
The addition of new provision here is to clarify the provision concerning the protection period 'of copyright that is held by the State. By principle, a work of which the copyTight is held by the State under Article 10 paragraph
(2) l etter b shall be granted an unlimited period of protection. Meanwhile, upon a" work the copyright of \·vhich is exerised by the State under iUiicle 10 A paragraph (1) shall be " granted protection for 50 (fifty) years as from the. work is known by members of the public. This provision applies to a work of which the Author is absolutely unknown. If the identity of the Author is subsequently revealed, or the Author himself subsequently discloses his identity within a period of 50 (fifty) years after the work has been known by the public, then the provision of Article 26 applies. This means that the protection period continues for 50 (fifty) years after the death of the Author.
Upon works of which the copyrights are held by the publishers in pursuant of Article 10 A paragraph (2), the
prot ection period is for 50 (fifty) years from the first time the work was published.
Figure 10
The new provision of Article 28A here is ·meant to affirm that the right of an Author to have his name or identity mentioned including his pseudonym be endless or for an unlimited period of protection. Meanwhile, the prot ecti on period for an Author against any action by another party to make any change upon "his \\;ork is of the same period of protection as on the work itself.
The provision of Article 28B which affirms the date or 1 January as the base to compute the protectioll priou or a copyright is merely to ease· in computing the end of protection. The starting point is 1 January of the following or current year is made eligible to the
published or after the death of the Author. Trjs is an co nform to the international
agreement applicable to copyrights.
This
method of computation does not prejudice the principle that the computation of the protectioft period shall be based on the time the work is created, in the event that the actual date is clearly known.
An example of the application: a cinematographic
work that was published for the f1[st time on 20 July 1 995
will be. protected 'from 20 July 1995 until 31 December
2045.
Figure 11
The addition 9f a new Chapter is meant to provide a legal foundation for licensing practices in the field of copyrights. Basically, the nature of a licensing agreement is only an authorization or conferring of rights set up in a deed of agreement, for certain period of time under certain conditions, to enjoy the economic benefit of a work protected by copyright. A licensing agreement is not usually closed as an exclusive agreement. This means that the holder of copyright still maintain his right to exercise the copyright or to give a similar license to a third party. A licensing agreement may also be closed as an exclusive one, meaning that the right is exclusively given solely to the licensee. An exclusive license is capable of being abused to monopolize the market, or to eliminate the healthy competition in the market. As an example, such
thing may happen when a li censee does not use
deliberately or exploit the licensed work. Such action is
'
taken in order to control the · market through' the usc of
another product or product 'of his own. Such method
clearly will impair the right of the Author and even may
hamper the growth of Indonesian economy. ' Considering
such possibility, therefore, -this Law lays down a directive
that a'license may be exercised provided 1t does not cause
detrimental effect on the economy of Indonesia,
Furthermore, it is also asserted that .to effect . legal
consequences agai nst a third party, a licensing agreement
has to be recorded at the CopYlight Office.
Figure 12
The amendment of Articl e 42 paragraph (1) is meant to simplify the wordings and to affirm the right of an Author to claim for indemn ity if there is an infringement
of copyright. . If'a confiscation is requested as referred to in this paragraph, it has to be camed out in pursuant to the provisions concerning forfeiting of movable goods as regulated in Law of Civil Proceedings, With this amendment, thus, the provisions of the previous Article 43 paragraph (2) are not needed anymore. The provision of Article 43 paragraph (1) becomes the new Article 43 with amendment. Moreover, the addition of new provision d sjgnat ed as Article 43A is meant to affirm the right of an Author or his beneficiary to claim for i ndemnity against any violation 'of the provision in Arti cle 24, that is the provision concerning the moral right of an Author. The addition of provision in Article 43B is actually an improvement and to remove the content of the previous Article 42 paragraph (3).
Figure 13
The addition of a new Chapter is meant provide a legal
foundation for rights rel ated to copyrights known as
Neighbori such ,rightsjndudes who
' producers of and broadcasting ,
wotks. In addidn to proisions cOl?cerning the content of therights,
'
,it ,also sets out the ;tenn of protection and other provisions
applicabJe against infringement of of the same sanctions as those applicabl e
'' is taken upon considerations that the po'ssible "economical damage and other losses arising from infringement of these rights are basically the same as ofagainst copyright.
Figure 14
Proceedings, this principle is still in line with provision in Article 46 of the Law (KUHAP).
Figure 15
This amendment is made to clarify the authority of Civil Servat Investigator and the
procedures on the implementation of the task as well as his inter-relation with Investigator of the State Police of the Republic , Qf Indonesia and the Public Prosecutor.
A clear provision regarding investigation is important for investigative' apparatus in carrying out their tasks,
Therefore, .it is necessary to clarify that even though Civil Servant Investigators
of which the task and responsibility th'e management of copyrights, are vested with authority to be an
'
investigator, this does not eliminate the fu nction of Investigator of the State Police .of the Republic of Indonesi a as the 1\1ain Investigator. In carrying out their tasks, Civil ServanT. Investigators are under the coordination and supervision of Investigators of the State Police of the RepUb lic of Indonesia. Therefore, during the process of an investigation a Civil Servant Investigator needs to consult with lnvestigators of the State Police of the RefJublic of Indonesia. It is in this stage of investigation that Investigators of the State Police of the Republic of Indonesia givE': technical oirections concerning
he form2,l 2nd the coment ofDu:d of Invcstigation and at the-same time check th e ITuth of the content of the Deed. Ahu the ;:/\'estigation is over, lhe,result of invc:igaion sn?JI bc stJomit!ea by the Civil seryant Investigator iO Ine II1\'cstig8tor of the Stale Police of the Republic of Indonesia, who in turns shail proceed it immedic.tely to the Public Prosecutor, This is in accordance with the principle laid dov,'n in Anicle 6, .Micle 7 and Article 107 of Law No 8 of 1981 concerning Criminal Proceedigs,
Bearing in mind this principle, thus the word "throughin paragraph (4) is not necessarily understood as statirig that Investigator of the State Police of the Republic of Indonesia may or shall undertake reinvestigation, For, any technical assistance on investigation as well as on the booking of result of the investigation, basically, has been given during a period in which Civil Servant Investigator carrying his investigation. As a result, the principle of fast and effective procedures as prescribed by Criminal Proceedings Law can be implemented.
Figure J 6
This amendment is meant to adjust to international rules concerning, in particular, Neighboring Rights. This constitutes an anticipation toward the possibility for the
accession of the Republic of Indonesia-into bil ateral! multilateral agreements concerning the rights.
Article IT
Self-explanatory
SUPPLEMENTARY STATE GAZETfE OF' -[1{E REPubLIC OF INDONESIA. NUMBER 3679