Copyright means the exclusive right of an author or a Copyright holder to publish or reproduce their work. This right is granted automatically following creation of the work. The kinds of works protected by Copyrights law in Indonesia are in the field of science, arts and literature which principally includes:
- books, computer programmes, pamphlets, visual aids made for educational and scientific purposes, typographical arrangements, lecturers, addresses, and all other written or spoken works
- songs or music with or without lyrics, dramas, musical dramas, dances, choreographic works, puppet shows, pantomimes
- all forms of art, such as paintings, drawings, engravings, calligraphy, carvings, sculptures, college, and applied arts, as well as architecture and maps
- photography and cinematographic works
- translations, interpretations, adaptations, anthologies, databases and other similar works
Copyright arises automatically after a work is created in a material form such as in writing, video, audio, etc. Copyright is not required to be recorded in order to have it protected, however, many small businesses operating in Indonesia choose to record copyright as proof of ownership. Indonesia is party to the Berne Convention on the Protection of Literary and Artistic Works (see more details and a full list of members here), so the works SMEs already own are automatically protected in Indonesia if the creator of the work is a national of one of the other Berne Convention member countries, or if the work was first published in a member country of the Berne Convention.
‘Moral rights’ as rights granted to authors to ensure they receive the appropriate recognition as a writer on the results of their work, so that they maintain the integrity of the creation are recognised in Indonesia under the Copyright Law. Several similar rights related to copyright include rights in performances, phonographic works, sound recordings and broadcast. The results of such work may not be reproduced or showcased in public without permission.
Once the application has been filed with The Directorate of Intellectual Property (“DGIP”) and all formalities complied with, the Indonesian Copyright Office records the copyright and issues a certificate of recordal
Duration of Protection
The term for copyright protection varies depending on the nature of the work. In Indonesia, copyright generally lasts for the duration of the author’s lifetime and seventy (70) years after his death (it was fifty (50) years before the new Copyright Law). In relation to computer programmes, cinematographic and photographic works, databases and adaptations, copyright lasts for fifty (50) years from the date of first publication. Performing rights and recording rights last for fifty (50) years from date of performance or production, and broadcasting rights for twenty (20) years from date of first broadcast.