Copyright law of Indonesia

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).

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

History

In 1958, Prime Minister Djuanda declared Indonesia joined the Berne Convention so that Indonesia could take advantage of the intellectual work, creativity, and initiative from foreign nations without having to pay royalties.

In 1982, the Government of Indonesia revoked the Dutch copyright act and enacted Act No. 6 of 1982 on Copyright. The law was later amended by Act No. 7 of 1987, Act No. 12 of 1997, Act No. 19 of 2002, and Act No. 28 of 2014.

Changes in legislation are also inseparable from the role of Indonesia in the association between countries. In Act No. 7 of 1994, the government ratified the establishment of the World Trade Organization, which includes the Agreement on Trade-Related Aspects of Intellectual Property Rights. In 1997, the government ratified the Berne Convention through Presidential Decree No. 18 of 1997 and also ratified the World Intellectual Property Organization Copyright Treaty through Presidential Decree No. 19 of 1997.

Copyright durations and terms

  • Literary
  • Musical
  • Fine art
  • Architectural works
  • Work of joint authorship
Lifetime of the author(s) + 70 years.[1]
  • Work by legal entities
  • Anonymous works
  • Photographic works
  • Cinematographic works
  • Derived works
  • Collected works
Date of publication + 50 years.[1]
Applied arts Date of publication + 25 years.[1]

Organisations

The following organisations are involved in protecting copyright in Indonesia.[2]

  • KCI : Karya Cipta Indonesia
  • ASIRI : Asosiasi Indrustri Rekaman Indonesia (Association of Recording Industry Indonesia)
  • ASPILUKI : Asosiasi Piranti Lunak Indonesia (Software Association of Indonesia)
  • APMINDO : Asosiasi Pengusaha Musik Indonesia (Association of Music Indonesia)
  • ASIREFI : Asosiasi Rekaman Film Indonesia (Association of Recording Film Indonesia)
  • PAPPRI : Persatuan Artis Penata Musik Rekaman Indonesia (United Artists Records Playground Music Indonesia)
  • IKAPI : Ikatan Penerbit Indonesia (Association of Indonesian Publishers)
  • MPA : Motion Picture Association (Motion Picture Association)
  • BSA :

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.[3][4]

References

  1. ^ a b c "2014 Copyright Law of Indonesia". wipolex.wipo.int. Archived from the original on 28 January 2021. Retrieved 10 March 2021.
  2. ^ Sumber : Junus, E Aspek Hukum dalam Sengketa Hak Kekayaan Intelektual Teori dan Praktek, 2003
  3. ^ 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.
  4. ^ Rossy, Fabiola; Diamond, Andrew (28 May 2021). "Indonesia: New copyright decision gives hope to artists". Managing IP. Retrieved 11 February 2022.

External links