Copyright law in Indonesia is a legal framework that encourages entrepreneurs to run their business in Indonesia by providing legal protection on intangible, proprietary assets of an organisation or an individual.
Therefore, it is critical for business owners to understand copyright law in Indonesia so that they can dissuade competitors from stealing their creations and profiting from them.
Copyright in Indonesia for businesses cover all services and products, marketing and training materials, proprietary images, written materials, audio works, etc.
It is a powerful weapon to combat infringement particularly for businesses that are highly competitive in the Indonesian market.
As a result, it is vital for all business owners or aspiring entrepreneurs to understand Indonesian copyright law and how they work. Cekindo will go into more details in this article.
Why Copyright is Especially Crucial in Indonesia
According to a survey done by the Global Intellectual Property Center, among the 38 countries around the world, Indonesia was ranked 33rd for their level of intellectual property protection in the world.
The result signifies that many businesses do not see copyright as important and the infringements cases in Indonesia are still common without many legal consequences.
The majority of the infringement cases in Indonesia are related to software piracies and the piracies of songs as well as music.
The New Copyright Law
In 2014, the government of Indonesia released a New Copyright Law known as Undang-Undang Hak Cipta Baru in Indonesia.
The enactment of the new law is to provide protection to wider aspects which were previously not covered under the old copyright law.
The important points in the New Copyright Law are mentioned below:
- The copyright protection period is increased to 70 years for original creator after his/her death; and to 50 years for a legal organisation
- The new law has more comprehensive solutions to settle disputes such as arbitrage, mediation, criminal lawsuits and court settlements
- The original creator has the complete economic rights of his/her work and it limits the transfer of the economic rights through flat selling
- The new law is now extended to cover marketplaces, for example, shopping malls, stores, and other retailers
- The government has the right to abolish copyrights if the copyrights go against the national security, moral norms and other legal or public orders
- Original creators, brand and trademark owners, and the official beneficiaries have the royalties from the the intellectual properties of their commercial uses
- Original creators, brand and trademark owners, and the official beneficiaries will become the members of the Collective Management Association automatically for profits
What can be Registered?
There are two types of copyrights in Indonesia in terms of the duration of its protection: 50-year legal protection and 70-year legal protection.
Items under 70-year legal protection include music and songs, books and written works, speeches and lectures, materials and objects for educational purposes, musical dramas, operas, choreographies, stage plays and other performances, maps, calligraphy, batik, and ikat, fine arts, designs and architectural works.
Items under 50-year legal protection include cinematography, photography, portraits, video games, computer software and programs, translations, adaptations and interpretations from original works, creation and data compilations by computers and other digital tools.
Application Process for Copyright in Indonesia
You will need to prepare the following for your registration of copyright in Indonesia:
- Signed ownership statement of the intellectual property with a duty stamp
- Authenticity statement of the creations or works
- NPWP copies
- Owner’s ID copies
- Legal representative letter if application is done via a registered consultant
- Law institution certificate if application is done via a registered consultant
Consult with Cekindo
As one of the top legal consultants in Indonesia with decades of industry knowledge, joining hands with Cekindo can help you in many ways no matter what sector you are in.
Our copyright experts are well-experienced and can help you to thoroughly understand the copyright registration process in Indonesia and handle the process with the best solutions.
Cekindo enhances the copyright registration process for you and protects your assets.
If you’d like to get your copyright registration done, get connected with our expert consultants right away. Start by filling in the form below.