Copyright law of Indonesia

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Copyright law of Indonesia is set out in the Copyright Act, namely, current, Act No. 28 of 2014. In law, the notion of copyright is "the exclusive rights for the creator or the recipient the right to publish or reproduce the creations or give permission for it by not reducing the restrictions according to the laws and regulations that apply" (Article 1, point 1).

Contents

Copyright Act of Indonesia has been amended in 1987, 1997, 2002, and 2014.

History

Indonesia became a colony of the Netherlands on 1 January 1800, when the Dutch state nationalized the Dutch East India Company and took control of its properties in the archipelago. [1] The territory, then known as the Dutch East Indies, had its own copyright law, [2] which was an extension of the Netherlands' own 1912 copyright law. [3] In 1913, the Netherlands became a signatory of the Berne Convention on the protection of original work on behalf of its colonial possessions. Furthermore, it also affirmed the 1928 revision of the convention on behalf of the East Indies in 1931. [2] When Indonesia became a sovereign nation on 27 December 1949, [4] it initially agreed to uphold the treaty as the successor state of the Dutch East Indies. [2] The 1912 copyright law was translated into Indonesian as the law on the "right to a creation" (hak tjipta), despite proposals for a more literal translation of the "right of the author" (hak pengarang). [3]

Antagonism toward the Dutch over the West New Guinea dispute in the 1950s led Indonesia to withdraw from the Berne Convention in 1958. Publicly, the government reasoned that it wanted to be able to copy foreign books freely in the interest of developing education. Because of the dispute, it also sought to distance itself from acts of the colonial government and did not want to be party to the treaty before the country had written its own copyright law. Indonesia's non-invitation as an independent nation during the 1948 revision of the convention in Brussels—after the 1945 declaration of independence but before the 1949 transfer of sovereignty—was also a point of contention. [5] Support for copyright protection in the 1960s and 1970s was limited to lobby groups, such as the Indonesian Publishers Association (Ikatan Penerbit Indonesia). [6] Unauthorized copying became widespread, and, by the 1980s, approximately 70 to 90 percent of the domestic market for books, videotapes, computer software, records, and cassette tapes was dominated by sales of unauthorized copies. [7]

In 1982, the Indonesian government revoked the colonial copyright law and enacted in its place Law No. 6 of 1982 on Copyright. [2] This law was criticized at both national and international levels because of the length of its protection period, shortened from 50 years in the colonial law to only 25 years. Minister of Justice Ali Said, in defending the law, cited the social function of copyright and the need to limit its scope in the public interest. The law included controversial provisions allowing the central government to appropriate a work protected by copyright and publish it "in the national interest" and to assume ownership over folkloristic material when working with foreigners. It also did not cover computer software and afforded weak protections for foreign rights holders. [6]

The first amendment to the law, enacted in 1987, removed the appropriation provision and extended the period of copyright for most works to either 50 years after first publication or life of the author plus 50 years. [8] For photographic works, computer programs, and compilations, the protection period remained at 25 years after first publication. [9] The amendment also included a provision stating that foreign works would only be protected on first publication in Indonesia. This provision, however, did not apply to works originating from countries with which Indonesia had a standalone copyright agreement or countries who are co-signatories with Indonesia on an international copyright agreement. Indonesia signed such agreements with the European Economic Community in 1988 and with the United States in 1989. [2]

In 1994, Indonesia ratified the Agreement on Trade-Related Aspects of Intellectual Property Rights establishing the World Trade Organization. It rejoined the Berne Convention in 1997 and was the first nation to ratify the World Intellectual Property Organization Copyright Treaty that same year. The 1982 copyright law was further amended in 1997 to redefine the terms "publication" and "reproduction". It also introduced rental rights for films, computer programs, and sound recordings, included computer programs among the literary works, and expanded the definition of compilations to include "other works resulting from transformations". [9]

The 1982 copyright law was replaced by Law No. 19 of 2002, which went into effect in 2003. [10] By consolidating the 1982 law and subsequent amendments, [9] the law aimed "to foster the development of works that result from the diversity of art and culture" in Indonesia. The law clarified the status of copyright and neighboring rights, which had been confusing in prior legislations, and prohibited parallel importation. [11] It also imposed fines and prison terms for copyright violations, but lax enforcement resulted in the United States placing Indonesia on a priority watch list in 2007 for failing to protect intellectual property rights. [7]

A new copyright law was enacted in September 2014, [7] raising the protection period for the classical categories of works to the life of the author plus 70 years. [12]

  • Literary
  • Musical
  • Fine art
  • Architectural works
  • Work of joint authorship
Lifetime of the author(s) + 70 years. [13]
  • Work by legal entities
  • Anonymous works
  • Photographic works
  • Cinematographic works
  • Derived works
  • Collected works
Date of publication + 50 years. [13]
Applied artsDate of publication + 25 years. [13]

Organisations

The following organisations are involved in protecting copyright in Indonesia. [14]

Notable cases

Love Light installation

The Central Jakarta District Court ruled on April 20, 2021, that the light installation Love Light of the Rabbit Town theme park in Bandung infringed the copyright of Urban Light , a 2008 public art by the late American artist Chris Burden and installed at the Los Angeles County Museum of Art (LACMA). Accordingly, the Rabbit Town artwork, erected in January 2018, "consists of multiple lampposts arranged in symmetric fashion, similar to the arrangement of lampposts in Burden's sculpture." The case had been filed by the estate of the late artist on June 4, 2020. The court ordered the theme park to remove the installation and to pay Rp1,000,000,000 (equivalent to US$69,000) to the estate of Burden. [15] [16]

Related Research Articles

A copyright is a type of intellectual property that gives its owner the exclusive right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, educational, or musical form. Copyright is intended to protect the original expression of an idea in the form of a creative work, but not the idea itself. A copyright is subject to limitations based on public interest considerations, such as the fair use doctrine in the United States.

<span class="mw-page-title-main">Intellectual property</span> Ownership of creative expressions and processes

Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The best-known types are patents, copyrights, trademarks, and trade secrets. The modern concept of intellectual property developed in England in the 17th and 18th centuries. The term "intellectual property" began to be used in the 19th century, though it was not until the late 20th century that intellectual property became commonplace in most of the world's legal systems.

<span class="mw-page-title-main">WIPO Copyright Treaty</span>

The World Intellectual Property Organization Copyright Treaty is an international treaty on copyright law adopted by the member states of the World Intellectual Property Organization (WIPO) in 1996. It provides additional protections for copyright to respond to advances in information technology since the formation of previous copyright treaties before it. As of August 2021, the treaty has 110 contracting parties. The WCT and WIPO Performances and Phonograms Treaty, are together termed WIPO "internet treaties".

In international law, the Berne three-step test is a clause that is included in several international treaties on intellectual property. Signatories of those treaties agree to standardize possible limitations and exceptions to exclusive rights under their respective national copyright laws.

The history of copyright starts with early privileges and monopolies granted to printers of books. The British Statute of Anne 1710, full title "An Act for the Encouragement of Learning, by vesting the Copies of Printed Books in the Authors or purchasers of such Copies, during the Times therein mentioned", was the first copyright statute. Initially copyright law only applied to the copying of books. Over time other uses such as translations and derivative works were made subject to copyright and copyright now covers a wide range of works, including maps, performances, paintings, photographs, sound recordings, motion pictures and computer programs.

<span class="mw-page-title-main">All rights reserved</span> Copyright notice

"All rights reserved" is a formal phrase notice that originated in copyright law as part of copyright notices. It indicates that the copyright holder reserves, or holds for their own use, all the rights provided by granted existing copyright law, such as distribution, performance, and creation of derivative works; that is, they have not waived any such right. Copyright law in most countries no longer requires such notices, but the phrase persists but in some cases may not due to some limitations. The original understanding of the phrase as relating specifically to copyright may have been supplanted by common usage of the phrase to refer to any legal right, although it is probably understood to refer at least to copyright.

The WTO's Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), particularly Article 27, is occasionally referenced in the political debate on the international legal framework for the patentability of software, and on whether software and computer-implemented inventions should be considered as a field of technology.

Intellectual property rights (IPRs) have been acknowledged and protected in China since the 1980s. China has acceded to the major international conventions on protection of rights to intellectual property. Domestically, protection of intellectual property law has also been established by government legislation, administrative regulations, and decrees in the areas of trademark, copyright, and patent. This has led to the creation of a comprehensive legal framework to protect both local and foreign intellectual property. Despite this, copyright violations are extremely common in the PRC. The American Chamber of Commerce in China surveyed over 500 of its members doing business in China regarding IPR for its 2016 China Business Climate Survey Report, and found that IPR enforcement is improving, but significant challenges still remain. The results show that the laws in place exceed their actual enforcement, with patent protection receiving the highest approval rate, while protection of trade secrets lags far behind. Many US companies have claimed that the Chinese government has stolen their intellectual property sometime in 2009–2019.

"Author's rights" is a term frequently used in connection with laws about intellectual property.

<span class="mw-page-title-main">Computer Programs Directive</span> EU copyright directive

The European Union Computer Programs Directive controls the legal protection of computer programs under the copyright law of the European Union. It was issued under the internal market provisions of the Treaty of Rome. The most recent version is Directive 2009/24/EC.

The rule of the shorter term, also called the comparison of terms, is a provision in international copyright treaties. The provision allows that signatory countries can limit the duration of copyright they grant to foreign works under national treatment to no more than the copyright term granted in the country of origin of the work.

The following outline is provided as an overview of and topical guide to intellectual property:

Since 2008 copyright in Afghanistan has been governed by the law on the support the right of authors, composers, artists and researchers.

<span class="mw-page-title-main">Berne Convention</span> 1886 international assembly and treaty

The Berne Convention for the Protection of Literary and Artistic Works, usually known as the Berne Convention, was an international assembly held in 1886 in the Swiss city of Bern by ten European countries with the goal to agree on a set of legal principles for the protection of original work. They drafted and adopted a multi-party contract containing agreements for a uniform, crossing border system that became known under the same name. Its rules have been updated many times since then. The treaty provides authors, musicians, poets, painters, and other creators with the means to control how their works are used, by whom, and on what terms. In some jurisdictions these type of rights are being referred to as copyright.

<span class="mw-page-title-main">Public domain</span> Works outside the scope of copyright law

The public domain (PD) consists of all the creative work to which no exclusive intellectual property rights apply. Those rights may have expired, been forfeited, expressly waived, or may be inapplicable. Because no one holds the exclusive rights, anyone can legally use or reference those works without permission.

Iran is a member of the WIPO since 2001 and has acceded to several WIPO intellectual property treaties. Iran joined the Convention for the Protection of Industrial Property in 1959. In December 2003 Iran became a party to the Madrid Agreement and the Madrid Protocol for the International Registration of Marks. In 2005 Iran joined the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration, which ensures the protection of geographical names associated with products. As at February 2008 Iran had yet to accede to The Hague Agreement for the Protection of Industrial Designs.

<span class="mw-page-title-main">Ralph Oman</span> American lawyer (born 1940)

Ralph Oman is an American lawyer and former Register of Copyrights. He is currently the Pravel, Hewitt, Kimball and Kreiger Professorial Lecturer in Intellectual Property and Patent Law at The George Washington University Law School.

Copyright law in Syria is regulated by the Copyright and Neighbouring Rights Law issued by Legislative Decree No. 62 of 2013. The Syrian Ministry of Culture, through its Copyright Office, is generally in charge of proposing copyright legislation to Parliament.

The protection of intellectual property (IP) of video games through copyright, patents, and trademarks, shares similar issues with the copyrightability of software as a relatively new area of IP law. The video game industry itself is built on the nature of reusing game concepts from prior games to create new gameplay styles but bounded by illegally direct cloning of existing games, and has made defining intellectual property protections difficult since it is not a fixed medium.

References

Citation

  1. ↑ Kahin 2015, p. xxxi.
  2. 1 2 3 4 5 Pompe 1992, p. 233.
  3. 1 2 Antons 2008, p. 235.
  4. ↑ Kahin 2015, pp. xxxiv–xxxv.
  5. ↑ Antons 2008, p. 236.
  6. 1 2 Antons 2008, p. 237.
  7. 1 2 3 Kahin 2015, p. 104.
  8. ↑ Antons 2008, pp. 237–238.
  9. 1 2 3 Antons 2008, p. 238.
  10. ↑ Syafrinaldi 2009, p. 383.
  11. ↑ Antons 2008, p. 239.
  12. ↑ Antons 2018, p. 77.
  13. 1 2 3 "2014 Copyright Law of Indonesia". wipolex.wipo.int. Archived from the original on 28 January 2021. Retrieved 10 March 2021.
  14. ↑ Sumber : Junus, E Aspek Hukum dalam Sengketa Hak Kekayaan Intelektual Teori dan Praktek, 2003
  15. ↑ de Leon, Espie Angelica A. (25 May 2021). "Indonesian court orders selfie theme park to take down art installation". Asia IP. Retrieved 11 February 2022.
  16. ↑ Rossy, Fabiola; Diamond, Andrew (28 May 2021). "Indonesia: New copyright decision gives hope to artists". Managing IP. Retrieved 11 February 2022.

Bibliography

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