Introduction to copyright
From HAKItree
English 
Indonesian 
Contents |
What is copyright?
Copyright is the right to prevent others from copying a particular form of expression. It does not protect the underlying facts, ideas or concepts. Works in the field of science, arts and literature, including the following, are capable of being protected by copyright:
- books, computer programs, pamphlets and typographical arrangements;
- sermons, lectures, addresses;
- visual aids made for educational and scientific purposes;
- 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, collage and applied arts;
- architecture, maps, batik art, photography;
- cinematographic works; and
- translations, interpretations, adaptations, anthologies and databases.
What are moral rights and related rights?
Moral rights are rights given to authors to enable them to ensure that they receive proper acknowledgement as the author of their works and that the integrity of their works is maintained.
Some related rights, similar to copyright, exist in performances, phonographic works, sound recordings and broadcasts. These works may not be copied or communicated to the public without consent.
How is copyright protected in Indonesia?
Copyright arises automatically at the time a work is created in material form. It is not necessary to register your copyright at the Indonesian Copyrights Office to have protection, and registration is not validation of the content of the registered work. However, many people in Indonesia choose to register copyright , or leave dated samples of the copyright work with someone independent i.e. their lawyer, .as a first step to proving ownership.
Indonesia is a party to the Berne Convention on the Protection of Literary and Artistic Works, so works of foreign nationals will be automatically protected in Indonesia if the author is a national of a country that is also party to the Berne Convention, or the work was first published in a country that is a party to the Berne Convention. This covers most industrialised countries.
How long does registration take?
It usually takes about 12 months for the registration certificate to be issued. Once the application has been filed and all formalities complied with, the Copyright Office registers the copyright and issues a certificate of registration.
How long does copyright protection last?
Generally, copyright lasts for the life of the author and 50 years after his death. In relation to computer programs, cinematographic and photographic works, databases and adaptations, copyright lasts for 50 years from the date of first publication. Performing rights and recording rights last for 50 years from date of performance or production and broadcasting rights for 20 years from date of first broadcast.
Can you license use of the copyrighted work?
Yes. The law states that unless a licence agreement is recorded at the Indonesian Copyright Office, the licence will have no effect on third parties. However, as of 2008, the Regulations for the recordal of licences have not been implemented and it is not yet possible for licences to be recorded.
