Understanding Copyright law in Indonesia

According to Article 1 of Law Number 19 Year 2020 concerning Copyright, Copyright is the exclusive right for the creator or right recipient to announce or reproduce his copyright or grant permission for it without reducing the restrictions according to the applicable laws and regulations. Copyright is a special right, because it is only given to the creator or the right holder. Other people are prohibited from using these intellectual property rights, unless they get permission from the creator or the person who owns the copyright.

In article 12 of the Copyright Law, protected works are works in the fields of science, art and literature which include:

Books, computer programs, pamphlets, perwajahan (layout), published papers and all other written works.

  •     Lectures, lectures, speeches, and other similar works
  •     Teaching aids made for the benefit of education and science.
  •     Songs or music with or without subtitles
  •     Drama or musical drama, dance, choreography, puppet show, and pantomim.
  •     Fine arts in all forms such as painting, drawing, carving, calligraphy, sculpture, sculpture, collage and applied arts.
  •     Architecture
  •     Map
  •     Batik art
  •     Photography
  •     Cinematography
  •     Translations, interpretations, adaptations, anthologies, databases, and other works of the result of conversion.

The concept of copyright in Indonesia is a translation of the concept of copyright in English ). This copyright was created in line with the invention of the printing machine. Prior to Gutenberg’s invention of this machine, the process of making a copy of a written work was as labor and costly as the process of making a copy. So it is likely that publishers, not authors, are the first to ask for legal protection of printable works that can be copied.

History of Copyright in Indonesia

In 1958, Indonesia’s prime minister Djuanda declared Indonesia to leave the Bern convention so that Indonesian intellectuals could take advantage of the works, creations, and initiatives of foreign nations without having to pay royalties. In 1982, the Indonesian government revoked the copyright regulation based on Auteurswet 1912 Staatsblad No. 600 of 1912 and stipulated Law Number 6 of 1982 concerning copyright, which is the first copyright law in Indonesia.

This law was later amended by Law No. 7/1987, then refined by Law No. 12/1997, Law No. 19 of 2002. Then in 2014 regarding copyright. The amendment to the law is also inseparable from Indonesia’s role in international relations. In 1994, the government ratified the formation of the World Trade Organization (WTO), which includes the Agreement On Trade Related Aspects Of Intellectual Property Rights – Trips (Agreement on Trade aspects of Intellectual Property Rights). This ratification was manifested in the form of Law Number 7 of 1994. In 1997 the Indonesian government ratified the Bern convention again through Presidential Decree Number 18 of 1997 and also ratified the World Intellectual Property Organization Copyright Treaty, (WIPO Copyright Agreement) through Presidential Decree Number 19 1997.

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