Legislation and enforcement

Relevant legislation

What is the relevant legislation?

The current legislation for copyright in Republic of indonesia is Constabulary Number 28 of 2014 on Copyright (the Copyright Law).

Enforcement authorities

Who enforces it?

The Indonesian regime, mainly through the Directorate General of Intellectual Holding (DGIP) under the Ministry building of Law and Man Rights of the Republic of indonesia (MOLHR).

Online and digital regulation

Are there any specific provisions of your copyright laws that address the digital exploitation of works? Are in that location separate statutory provisions that do so?

No. Moreover, the applicable police pertaining to electronic information, namely Police No. 11 of 2008 on Electronic Transaction and Information, strictly states that any electronic information or documents compiled to be an intellectual work, website or whatever intellectual work contained thereof are protected equally an intellectual property based on the relevant prevailing laws and regulations.

Extraterritorial application

Do your copyright laws have extraterritorial application to deal with strange-owned or foreign-operated websites that infringe copyright?

No.

Agency

Is in that location a centralised copyright agency? What does this agency do?

The DGIP is the centralised intellectual property agency that deals with all authoritative work with respect to the recordation, assignment and licensing of copyright. Within the DGIP, the Directorate of Copyright and Industrial Design deals specifically with copyright, and its duties are as follows:

  • to prepare the drafting and implementation of policies;
  • to provide technical assistance and supervision; and
  • to evaluate and report the application, publication, examination, certification, documentation, and provision of customer service for copyright, neighbouring rights and industrial pattern.

Subject matter and telescopic of copyright

Protectable works

What types of works may be protected by copyright?

Under the Copyright Police, copyright protects whatever work in the field of scientific discipline, art and literature. The Copyright Law so further specifies the specific types of work that are protected by copyright in Indonesia:

  • books, pamphlets, typographical organisation (namely, the artistic aspect with respect to the composition and shape of literary works), and all other literary works;
  • public talks, lectures, speeches and other similar works;
  • visual aids fabricated for educational and scientific purposes;
  • songs and music with or without lyrics;
  • dramatic works, musical dramas, dances, choreography, puppet shows and pantomimes;
  • fine fine art works in all forms such as paintings, drawings, engravings, calligraphy, sculptures, statues or collages;
  • applied art works;
  • architectural works;
  • maps;
  • batik art works or other blueprint and motive arts;
  • photographic works;
  • portraits;
  • cinematographic works;
  • translations, interpretations, alterations, anthologies, databases, adaptations, arrangements, modifications and other works resulting from a transformation;
  • translations, adaptations, arrangements, transformations or modifications of traditional cultural expressions;
  • compilation of work or information, whether in a format that tin can be read past a reckoner program or by any other media;
  • compilation of traditional cultural expressions provided that the compilation is an original work;
  • video games; and
  • figurer programs.

Rights covered

What types of rights are covered by copyright?

The Copyright Law protects iii types of rights: moral, economic and neighbouring rights.

Moral rights are the inherent right given to the creator of the piece of work to:

  • put or omit his or her proper noun in the copies of the work with respect to the use of his or her piece of work in public;
  • use his or her alias or pseudonym;
  • change his or her work in accordance with public propriety;
  • change the title and sub-title of the work; and
  • defend his or her right in the case of whatsoever distortion, mutilation, or modification, or any other actions that harm his or her reputation.

Economic correct is the exclusive right of a creator or copyright holder to obtain economic benefit from his or her work by:

  • publishing his or her piece of work;
  • duplicating his or her piece of work into any shape, form and format;
  • translating his or her work;
  • making adaptations, arrangements or transformations of his or her work;
  • distributing his or her piece of work or the copies thereof;
  • displaying/showing his or her piece of work;
  • announcing his or her work;
  • communicating his or her work; and
  • leasing out his or her work.

Meanwhile, neighbouring rights are the rights related to copyright, which plant exclusive rights including the moral and economic right of a performer, and the economic right of a phonogram producer and broadcasting institutions.

Excluded works

What may not be protected by copyright?

In that location are 3 types of work that cannot be protected past a copyright:

  • whatever piece of work that has not been manifested in a concrete course;
  • any thought, process, organisation, method, concept, chief, invention or data, even though it has been disclosed, stated, described, explained, or incorporated into a work; and
  • any tools, objects or products that are created solely to solve technical problems or those that are formed only to run into functional needs.

Fair use and off-white dealing

Do the doctrines of 'off-white utilise' or 'fair dealing' exist, and, if then, what are the standards used in determining whether a particular use is fair?

Under the Copyright Constabulary, at that place are specific articles on limitation of copyright use and anything that falls within such limitations would not be considered equally copyright infringement. The standards used to determine whether a particular use is considered as off-white is governed nether the Copyright Law.

Architectural works

Are architectural works protected by copyright? How?

Aye, architectural works are protected under the Copyright Law. 'Architectural works' include the:

  • physical class of the building;
  • placement of the building location;
  • designs and technical sketches of the building; and
  • models or miniatures of the building.

The procedure for protecting architectural works is the same as the procedure to protect other works; that is, protection is automatically obtained based on a announcement by the owner of the work.

There is a limitation on the protection of architectural works nether the Copyright Constabulary, whereby any alteration to architectural works would not be deemed every bit copyright infringement if it is conducted based on technical considerations. Technical considerations include, among other things, any alter in the measurement of the land due to insufficient acreage, non-symmetrical position, composition of different materials and a change in architectural model due to natural factors.

Performance rights

Are functioning rights covered by copyright? How?

Yes, performance rights are covered by copyright under the Copyright Law. Performance rights - ordinarily known every bit 'performers' rights' - also consist of moral and economic rights.

The moral rights of a performer are the inherent rights of a performer, which cannot be eliminated or abolished for any reason whatsoever, even if the accompanying economical right has been assigned or transferred. Moral rights include the rights to have his or her name listed as a performer (unless agreed otherwise) and to non be subjected to whatsoever distortion, mutilation, modification of the piece of work or whatever other actions that may harm his or her honour or reputation (unless agreed otherwise).

Whereas, economic rights of a performer include the rights to:

  • let or prohibit another party from broadcasting or communicating his or her performance;
  • fixating his or her performances that have all the same to be fixated;
  • duplicating, distributing or leasing his or her fixated operation; and
  • providing admission to his or her fixated performance to the public.

Neighbouring rights

Are other 'neighbouring rights' recognised? How?

Yeah, neighbouring rights are recognised under the Copyright Police. These include the moral and economical rights of performers, the economic rights of phonogram producers and the economic rights of dissemination institutions.

With respect to moral and economical rights of performers, see question 11.

With respect to the economic right of a phonogram producer, it includes the right to permit or prohibit other parties from duplicating their phonogram in whatever form any, distributing their original phonogram or copies thereof, leasing copies of their phonogram to the public, and providing access of their phonogram to the public.

With respect to the economic right of a broadcasting institution, information technology includes the right to permit or prohibit other parties from rebroadcasting, communicating, fixating or duplicating fixation of broadcasts.

Moral rights

Are moral rights recognised?

Yes, moral rights are recognised under the Copyright Law. (Meet question 7.) Furthermore, moral rights are not assignable or transferable during the creator's lifetime. If the creator has passed abroad, the enforcement of the moral rights may be assigned or transferred to his or her lawful heir via a written attestation or volition.

Copyright formalities

Notice

Is at that place a requirement of copyright notice?

No.

What are the consequences for failure to employ a copyright detect?

Not applicable.

Deposit

Is there a requirement of copyright deposit?

No.

What are the consequences for failure to brand a copyright deposit?

Not applicable.

Registration

Is in that location a organisation for copyright registration, and, if so, how do y'all use for a copyright registration?

Yes, the term provided in the Copyright Constabulary is 'recordation of copyright' and non 'registration of copyright'.

The application for the recordation of copyright is submitted to the DGIP by completing a standard form forth with the required documents (including a sample of the relevant work). If the bidder is non the creator, then the applicant must also provide a copy of the transfer of the copyright over the relevant work.

Upon receipt of the complete awarding, the examiner at the DGIP volition examine the relevant application to make up one's mind whether the relevant piece of work or product of neighbouring rights is the aforementioned every bit any other works that have been recorded in the General Records of Copyright or with other intellectual property objects. If the application is accepted, the DGIP volition so issue an official recordation letter of the alphabet.

Under the Copyright Law, a art painting in the form of a logo or a distinctive sign used as a marking in the trading of appurtenances or services or equally a symbol of an system, business entity, or legal entity cannot exist recorded as a copyright with the DGIP.

Is copyright registration mandatory?

Copyright recordation is not mandatory. The protection for a copyright automatically begins when the work is first published and manifested into a concrete class.

Yet, it is prudent to file a recordation of copyright in club for the DGIP to validate the protection under a copyright, too as to proceeds commercial value. This is because in practice, the purchaser or licensee of a copyrighted work will usually ask for an official statement pertaining to the ownership of such copyright from the seller or licensor.

What are the fees to employ for a copyright registration?

The fees to utilize for a copyright recordation will depend on the type of work that is the subject of the awarding and whether the application is submitted manually or electronically.

For almost all types of work, the application fee is 400,000 rupiah (electronic submission) and 500,000 rupiah (manual submission). For a computer plan or software, the awarding fee is 600,000 rupiah (electronic submission) and 700,000 rupiah (manual submission).

What are the consequences for failure to annals a copyrighted work?

As mentioned in our answer to question number 19 above, copyright recordation is not mandatory. Even so, recordation of a copyright licence is mandatory and 1 of the requirements in applying for the recordation of a copyright licence is the proof of copyright buying in the form of a copy of the relevant copyright recordation letter issued by the DGIP. Failure to tape a copyright licence may outcome in such a licence not having a legal consequence confronting 3rd parties, which means that if there is an infringement upon such licensed copyright by a tertiary party, the licensee is not authorised to take any legal activity against such infringement.

Ownership and transfer

Eligible owners

Who is the owner of a copyrighted work?

Unless proven otherwise, the owner of a copyrighted piece of work (creator) is any person whose name is:

  • mentioned in the piece of work;
  • stated every bit the creator of a work;
  • mentioned in the copyright recordation letter issued past the DGIP; or
  • stated in the General Tape of Copyright as the creator.

Employee and contractor piece of work

May an employer own a copyrighted piece of work fabricated by an employee?

Yes, an employer may own a copyrighted work made past an employee. However, such ownership is not automatic by virtue of the employment relationship as the Copyright Law mandates that the creator of a work (in this case, the employee) volition be the automatic owner of the copyrighted work created by him or her, unless agreed otherwise between the employer and the employee. Ordinarily the agreement regarding the transfer of ownership of a copyrighted work from an employee to the employer is stipulated in the relevant employment agreement between them or the company regulation.

In relation to the procedure for copyright recordation every bit mentioned in question 18, a copy of the transfer of the copyright ownership is required if the applicant for the copyright recordation is not the creator. As such, it is advisable to have the agreement in writing.

May a hiring party own a copyrighted work made by an independent contractor?

Aye, a hiring party may own a copyrighted work made by an independent contractor. The arrangement for such buying is the aforementioned every bit the organisation between an employer and employee as referenced in question number 23 in a higher place. Information technology is advisable for the understanding to be in writing. (See question 23.)

Joint and collective ownership

May a copyrighted work be co-owned?

Yes, a copyrighted piece of work may be co-owned.

If a work comprises split parts created by 2 persons or more, the person who will be regarded equally the creator is the person who leads and oversees the completion of the entire creation. Nonetheless, if in that location is no such person, then the person who compiles the unabridged creation volition exist regarded equally the creator without diminishing other people's copyright over each dissever role of such cosmos.

Co-ownership of a copyright may also happen by virtue of a partial assignment of the economic correct from the copyright holder to whatever other political party ( or parties).

Transfer of rights

May rights be transferred?

Yes, ownership rights over a copyrighted work are transferable, either in part or whole, past way of inheritance, grant, endowment, will, written agreement, or any other means as provided nether the prevailing laws and regulations. However, a creator or copyright holder may not assign or transfer the same copyright twice to a unlike person or entity.

In addition, the Copyright Police stipulates that a copyright over books and other literary works, songs and music (with or without lyrics) that has been assigned/transferred by virtue of an outright buyout agreement (sold flat), or timeless assignment, shall be returned to the creator or original copyright holder when the relevant organization has reached 25 years. The aforementioned will also use to the performers' economical correct over songs and music in which he or she performed.

Licensing

May rights be licensed?

Yes. A copyright holder or neighbouring rights holder is authorised to grant a licence to use his or her work when the protection period of the relevant work is still effective.

With regard to the licensing of a copyright, please annotation that there is a requirement to record a copyright licence at the DGIP. (See question 21.)

Are there compulsory licences? What are they?

Yes, compulsory licences are stipulated under the Copyright Law. Nonetheless, a compulsory licence is limited to the licence to translate and indistinguishable works in the field of science and literature for educational or scientific purposes, also as for research and development.

The awarding for a compulsory licence shall exist submitted to and granted based on the DGIP'southward blessing. Upon receiving such awarding, the DGIP may:

  1. require the copyright holder to interpret or duplicate the relevant work by himself or herself in the territory of the Republic of Indonesia and inside a specified period;
  2. require the copyright holder to grant authorisation to other parties to interpret or indistinguishable the relevant work in the territory of the Commonwealth of Indonesia within a specified menses in the outcome that the copyright holder is unable to deport such activeness himself or herself; or
  3. appoint other parties to interpret or duplicate the relevant work in the event that the copyright holder is unable to conduct out the actions as mentioned in signal (ii).

A compulsory licence shall only be granted if three years has passed from the declaration of the relevant work and no translation or duplication of such work has been made in the territory of the Democracy of Indonesia.

Are licences administered by performing rights societies? How?

Yeah, pursuant to the Copyright Law, a creator, copyright holder or neighbouring rights holder must be a member of a collective management institution in order to collect their economic correct and receive fair compensation from any party that uses his or her copyright and neighbouring right in a commercial fashion.

Moreover, specifically for the direction of royalty from songs and music, there are two national management institutions that take been formed to represent the interest of the creators and the neighbouring rights holders. These national management institutions are authorised to accuse, collect and distribute royalties from the commercial users.

Termination

Is in that location any provision for the termination of transfers of rights?

At that place are no specific provisions for the termination of the transfer of right under the Copyright Law. However, there is a fourth dimension limitation for copyright over books and other literary works, songs and music (with or without lyrics) that has been transferred by virtue of an outright buyout agreement or timeless assignment. (See question 26.)

Recordal

Tin can documents evidencing transfers and other transactions be recorded with a regime bureau?

Yes. The DGIP organises the recordation of assignment of copyright and neighbouring rights products. However, before applying for recordation of a copyright assignment, the applicant must first record the relevant copyrighted work with the DGIP, as one of the requirements for the recordation of copyright consignment is proof of ownership of the relevant copyright in the form of a copy of the copyright recordation letter issued past the DGIP.

Duration of copyright

Protection offset date

When does copyright protection brainstorm?

Copyright protection over a work will automatically begin when the relevant piece of work is showtime published and manifested into a physical form.

Duration

How long does copyright protection last?

As mentioned in question vii, copyright protection consists of moral and economical rights.

The term of protection for the creator's moral right is indefinite. Whereas, the term of protection for the creator's economic correct would depend on the type of piece of work and number of creators or owners of such piece of work.

The table overleaf presents the term of protection for the creator's economical correct under the Copyright Law.

Terms of copyright protection

Type of work

Elapsing
  • Books, pamphlets, and all other literary works;
  • talks, lectures, speeches and other similar works;
  • visual aids made for educational and science purposes;
  • songs or music with or without lyrics;
  • dramatic works, musical dramas, dances, choreography, boob shows, pantomimes;
  • fine art works in all forms such every bit paintings, drawings, engravings, calligraphy, carvings, sculptures, or collage;
  • architectural works;
  • maps; and
  • batik art works or other pattern/motive arts.

If there is merely 1 creator, the copyright protection will be valid up to lxx years after the creator's death, calculated from i January of the following year.

If there are more one creators, the copyright protection volition be valid upward to 70 years afterward the concluding decease of the creators, calculated from ane January of the post-obit year.

If the copyright holder is a legal entity, and so the copyright protection will remain effective up to 50 years as of the beginning publication of the related piece of work.
  • Photographic piece of work;
  • portrait;
  • cinematographic;
  • video game;
  • reckoner program;
  • typographical arrangement;
  • translation, interpretation, alteration, album, database, adaptation, arrangement, modification, and other works resulting from transformation;
  • translation, adaptation, arrangement, transformation, or modification of traditional cultural expression;
  • compilation of works or information, whether in a readable format past computer program or by other media; and
  • compilation of traditional cultural expressions so long as the compilation is an original piece of work.

The copyright protection volition remain effective up to fifty years every bit of the date of the kickoff annunciation of the relevant piece of work.
  • Practical arts works.

The copyright protection will remain effective upwards to 25 years as of the engagement of the first announcement of the relevant work.

Does copyright duration depend on when a item work was created or published?

Aye. See question number 33.

Renewal

Exercise terms of copyright have to be renewed? How?

No, they are not renewable.

Regime extension of protection term

Has your jurisdiction extended the term of copyright protection?

Yes. The current Copyright Law has extended the term of copyright protection from the previous copyright law, specifically on the term of protection for books, talks, visual aids, songs, choreographies, drawings, architectural works, maps, and batik art, from 50 years after the creator's death to seventy years later on the creator's expiry.

Copyright infringement and remedies

Infringing acts

What constitutes copyright infringement?

A copyright infringement ways:

  • whatsoever political party that violates the moral right of the creator;
  • any party that exercises the economic correct of the copyright holders or neighbouring rights holder without obtaining prior potency or permission from such holder or without paying any royalty to the collective management establishment; or
  • any party that uses, duplicates, performs, distributes, or communicates photos or portraits of any persons for a commercial purpose without obtaining whatever authorisation from the relevant persons.

Vicarious and contributory liability

Does secondary liability exist for indirect copyright infringement? What actions incur such liability?

There is no provision in the Copyright Police force that specifically stipulates secondary liability. However, in that location is a provision stipulating that the operator of a commercial establishment is non permitted to auction or duplicate any goods resulting from the infringement of copyright or neighbouring rights in the identify of establishment.

Furthermore, the Indonesian Criminal Lawmaking likewise stipulates that a party may be liable if he or she knowingly or intentionally provides an opportunity, help or effort, or information to commit a law-breaking (such as a copyright infringement).

Bachelor remedies

What remedies are bachelor confronting a copyright infringer?

A party may seek legal remedy over a copyright infringement past filing a police written report and seeking settlement through an culling dispute resolution, arbitration or commercial court. Autonomously from an infringement of copyright or neighbouring rights in the grade of piracy, as long as the habitation of the disputing parties are known or if they are located within the territory of the Republic of Republic of indonesia, and so they must enter into a mediation to accomplish settlement before filing a criminal claim to the court.

The legal remedies that are bachelor against a copyright infringer are as follows:

  • filing a claim for compensation against the infringer if the creator, copyright holder, or neighbouring rights holder suffers whatsoever loss or amercement;
  • filing a claim for injunction to the commercial court to:
    • request for the confiscation of any piece of work that was announced or duplicated, or confiscation of the duplication instrument used to produce works resulting from infringement of copyright; or
    • cease the declaration, distribution, communication, or duplication of works resulting from infringement of copyright;

The commercial court may as well issue an injunction to:

  • forestall the entry of whatever goods suspected to exist the issue of an infringement of copyright or neighbouring rights into the commercial trade routes;
  • withdraw from distribution and confiscate, likewise as keep equally evidence, appurtenances that are suspected to exist the result of an infringement of copyright or neighbouring rights;
  • secure as bear witness and prevent the disappearance of evidence by the infringer; and
  • stop the infringement to cease farther loss and impairment.

The commercial court bug decisions on copyright infringement claims within 90 working days of a merits's filing date.

Limitation period

Is there a time limit for seeking remedies?

No.

Monetary damages

Are monetary damages available for copyright infringement?

Yes, the Copyright Police provides that a creator, copyright holder, or neighbouring rights holder, or their rightful heir, who suffers damages is entitled to receive compensation. The compensation shall be given based on a terminal and binding decision of a civil or criminal court.

Attorneys' fees and costs

Can attorneys' fees and costs be claimed in an action for copyright infringement?

No, based on the Indonesian Civil Procedural Law, attorneys' fees and costs will be imposed on the party that receives the legal service from the relevant attorney.

Criminal enforcement

Are there criminal copyright provisions? What are they?

Yep. The table beneath provides a summary of the criminal copyright provisions stipulated in the Copyright Constabulary.

Online infringement

Are there any specific liabilities, remedies or defences for online copyright infringement?

The only specific remedy or defence for an online infringement is to make a report of such infringement to the DGIP. In this regard, the DGIP volition then examine the report to verify its validity. If there is sufficient show based on the verification, then the DGIP, upon the request of the applicant, will make a recommendation to the Ministry building of Technology and Information to cake the content or access to the perpetrator'southward website.

Prevention measures

How may copyright infringement exist prevented?

Although it is difficult to prevent copyright infringement in its entirety, at that place are steps that can exist taken to minimise it, such as to conduct socialisation and provide instruction to the public regarding copyright. Hopefully the public'south understanding and awareness on copyright will increment through socialisation and education, which in turn, volition make them capeesh other people'south intellectual property.

Another action is to increment the level of enforcement under the Copyright Law, specifically the provisions on copyright infringement to cause a deterrent result in society. Strict enforcement volition encourage the public against committing copyright infringement in the hereafter.

Summary of the criminal copyright provisions stipulated in the Copyright Constabulary

No.

Criminal action

Punishment

1

Removing, altering or damaging any copyright management information and copyright electronic information for commercial purposes without say-so.

Maximum imprisonment of 2 years or maximum fine of 300 million rupiah, or both.

ii

Violating the economic right of a creator or copyright holder by leasing a copyrighted work for commercial purposes without authorisation.

Maximum imprisonment of i year or maximum fine of 100 million rupiah, or both.

3

Violating the economic correct of a creator or copyright holder past translating, adapting, arranging, transforming, showing or exhibiting, or communicating a copyrighted work for commercial purposes without authorisation.

Maximum imprisonment of 3 years or maximum fine of 500 meg rupiah, or both.

four

Violating the economic right of a creator or copyright holder by publishing, duplicating, distributing or announcing a copyrighted work for commercial purposes without authorisation.

Maximum imprisonment of four years or maximum fine of 1 billion rupiah, or both.

5

Fulfilling elements of criminal actions as stated in point iv in the form of piracy.

Maximum imprisonment of 10 years or maximum fine of 4 billion rupiah, or both.

6

Operating a commercial identify, in whatsoever class, while intentionally and knowingly letting the sale or duplication of products derived from copyright infringement action.

Maximum fine of 100 meg rupiah.

7

Commercially using, duplicating, publishing, distributing, or communicating a photo or portrait of a person for ad purposes without authorisation of the related person or his or her rightful heir, whether via electronic or non-electronic media.

Maximum fine of 500 million rupiah.

8

Violating the economic correct of a performer by leasing his or her fixated prove or its copy for commercial purposes without authorisation.

Maximum imprisonment of one year or maximum fine of 100 million rupiah, or both.

9

Violating the economical right of a performer by broadcasting and communicating his or her evidence, fixating his or her evidence that has not been fixated, or providing his or her fixated evidence for commercial purposes without authorisation.

Maximum imprisonment of three years or maximum fine of 500 one thousand thousand rupiah, or both.

10

Violating the economic right of a performer by duplicating his or her fixated show, or distributing his or her fixated bear witness or its re-create for commercial purposes without authority.

Maximum imprisonment of 4 years or maximum fine of one billion rupiah, or both.

xi

Fulfilling elements of criminal deportment as stated in point 10 above in the form of piracy.

Maximum imprisonment of 10 years or maximum fine of 4 billion rupiah, or both.

12

Violating the economic right of a phonogram producer by leasing a copy of the copyrighted phonogram to the public for commercial purposes without authorisation.

Maximum imprisonment of 1 year or maximum fine of 100 million rupiah, or both.

13

Violating the economic right of a phonogram producer by duplicating a phonogram by any means, distributing an original phonogram or its re-create or making a phonogram to be accessible by the public, with or without cablevision, for commercial purposes without dominance.

Maximum imprisonment of four years or maximum fine of one billion rupiah, or both.

14

Fulfilling elements of criminal deportment every bit stated in point 13 above in the form of piracy.

Maximum imprisonment of 10 years or maximum fine of 4 billion rupiah, or both.

15

Violating the economic right of a dissemination institution past rebroadcasting, communicating, fixating, duplicating a broadcast for commercial purposes without authorisation.

Maximum imprisonment of four years or maximum fine of 1 billion rupiah, or both.

sixteen

Fulfilling elements of criminal actions every bit stated in point fifteen in the form of piracy.

Maximum imprisonment of 10 years or maximum fine of 4 billion rupiah, or both.

17

Collective Management Institution that collects royalties only does not hold a business licence from the DGIP.

Maximum imprisonment of four years or maximum fine of 1 billion rupiah, or both.

Relationship to foreign rights

International conventions

Which international copyright conventions does your country belong to?

Republic of indonesia is a member of the agreement to institute the World Trade Organization (WTO Agreement), which includes the Merchandise Related Aspects of Intellectual Holding (TRIPS).

Indonesia then ratified the Berne Convention for the Protection of Artistic and Literary Works (Berne Convention) and the Earth Intellectual Property System Copyright Treaty in 1997 (the Copyright Treaty).

Lastly, in 2004, Indonesia also ratified the Earth Intellectual Holding Arrangement Performances and Phonograms Treaty (the Phonograms Treaty).

What obligations are imposed by your country'south membership of international copyright conventions?

Equally a fellow member of the WTO Agreement, Indonesia must give effect to the provisions of the TRIPS and may, but is not obliged to, implement more than all-encompassing protection in their local law than what is required by the TRIPS, provided that such protection does not contravene the provisions of the TRIPS.

As a country that ratified the Berne Convention, Republic of indonesia must prefer, in accordance with its constitution, the measures necessary to ensure the application of the Berne Convention. Taking into consideration the prevailing legislation and constitution, Indonesia does not consider itself to exist bound past the provision of commodity 33 (1) of the Berne Convention.

Since Indonesia too ratified the Copyright Treaty, it must as well abide by the rights and obligations under the Copyright Treaty.

As a member of the Phonograms Treaty, Indonesia must:

  • provide adequate legal protection and effective legal remedies confronting the circumvention of technological measures by performers or producers of phonograms in connectedness with the exercise of their rights nether this Treaty and which restrict acts, in respect of their performances or phonograms, that are not authorised by the performers or the producers of phonograms concerned or permitted by law;
  • provide adequate and effective legal remedies against any person who knowingly perform any of the post-obit acts:
    • remove or change any electronic rights management data without any authority; and
    • distribute, import for distribution, circulate, communicate or brand available to the public, without potency, performances, copies of fixed performances or phonograms knowing that electronic rights direction information has been removed or altered without authorisation.