We advise client for filing and prosecuting copyright applications, recording assignments and licensing agreements. We also working for preparing and forwarding correspondences and acting for and on behalf of client for settling cases such as right violation, infringement litigation, and proceedings either on the Directorate General of Intellectual Property (DGIP) and court.
The following are the initial information regarding Copyright:
What is a Copyright ?
Copyright is the exclusive right of the creator arising automatically based on the declarative principle after an invention is embodied in a tangible form without prejudice to the restrictions in accordance with the provisions of the legislation.
What are the Related Rights ?
Related Rights are rights related to copyright the exclusive right for performers, phonogram producers, or broadcasting institution.
What are the Moral Right ?
The moral rights are eternally inherent right to self-Creator to:
a. Stays put or not put her name in connection with the use of a copy of his work to the public;
b. Using the alias name or pseudonym;
c. Change according to the propriety of his work in the community;
d. Change the title and subtitle of the work; and
e. Defend their rights in the event of distortion of creation, creation mutilation, modification of creation, or things that are detrimental to the honor or reputation of self.
What are the Economic Rights ?
Economic rights is the exclusive right of the Creator or the Copyright Holder to gain economic benefits of Creation.
What is a Creation ?
Creation is any copyrighted work in the fields of science, art, and literature produced on ability, thought, imagination, inspiration, dexterity, skill or expertise that is expressed in a tangible form.
Creations that are granted a protection :
Creation of protected includes work in the fields of science, art, and literature, consisting of:
a. Books, pamphlets, typographical arrangement of a published work, and all other written works;
b. Speeches, lectures, speeches, and other similar creation;
c. Props made for the purposes of education and science;
d. Songs and / or music with or without text;
e. Drama, musicals, dance, choreography, puppet shows, pantomimes;
f. Works of art in all forms such as painting, drawing, sculpture, calligraphy, sculpture, sculpture, or collage;
g. Works of applied art;
h. Works of architecture;
j. Art batik artwork or other motives;
k. Photographic works;
m. Cinematographic works;
n. Translations, interpretations, adaptations, anthologies, databases, adaptation, arrangement, modification and other works of the results of the transformation;
o. Translation, adaptation, arrangement, transformation, or modification of traditional cultural expressions;
p. Creation or data compilation, either in a format that can be read by the computer program or other media;
q. Compilation of traditional cultural expressions during the compilation of an original work;
r. Video games; and
s. Computer programs.
The Works that are Not Copyrighted :
a. The work that has not been realized in the form of real;
b. Any idea, procedure, system, method, concept, principle, or discovery although the data have been disclosed, expressed, described, explained, or incorporated in a work; and
c. Tools, objects, or products that are created only to resolve technical problems or whose shape is only intended for the functional needs.
The following Works also are not Copyrighted:
a. Result of open meetings of state institutions;
b. Laws and regulations;
c. Speech state or government official speeches;
d. Court decision or determination of the judge; and
e. Scripture or religious symbols.
How long is duration of Copyright and Related Rights ?
The moral rights of the Creator as referred to as above information of moral rights (letter a, b, and e), valid indefinitely.
The moral rights of the Creator as referred to as above information of moral rights (letter c and d) applicable during the period of copyright to a work is concerned.
Validity Period of Economic Rights:
Protection Copyright on:
a. books, pamphlets, and all other written works;
b. speeches, lectures, speeches, and other similar Creation;
c. props made for the purposes of education and science;
d. songs or music with or without text;
e. drama, musicals, dance, choreography, puppet shows, pantomimes;
f. works of art in all forms such as painting, drawing, sculpture, calligraphy, sculpture, sculpture, or collage;
g. works of architecture;
h. maps; and
i. art batik artwork or other motives,
are valid for the life of the Creator and continued for 70 (seventy) years after his death, starting from January 1 next year.
When an application is referred to as described above is owned by two (2) or more persons, protection of Copyright is valid for life Creator who died most recently and lasts for 70 (seventy) years thereafter, commencing 1 January next year.
Protection copyright to a work referred to as described above which are owned or held by the legal entity shall be valid for 50 (fifty) years since the announcement was first made.
Protection Copyright on:
a. photographic works;
c. cinematographic works;
d. video games;
e. Computer programs;
f. appearance of the paper;
g. translations, interpretations, adaptations, anthologies, databases, adaptation, arrangement, modification and other works of the results of the transformation;
h. translation, adaptation, arrangement, transformation or modification of traditional cultural expressions;
i. Creation or data compilation, either in a format that can be read by the computer program or other media; and
j. compilation of traditional cultural expressions during the compilation of an original work,
are valid for 50 (fifty) years since the announcement was first made.
Protection Copyright on a work of applied art shall be valid for 25 (twenty five) years from the announcement was first made.
Copyright on traditional cultural expressions that are held by the state is valid indefinitely.
Copyright on the work whose its creator is not known which are held by the state, is valid for 50 (fifty) years since the creation was first performed Announcement.
The copyright to a work which is carried out by the persons making the announcement but the creator is unknown, is hold by the the persons making the announcement for the benefit of the creator and is valid for 50 (fifty) years since the creation was first performed Announcement.
The validity period of protection of copyright to a work that is done Announcements section by section is calculated from the date of announcement of the final part.
In determining the validity period of protection of copyright to a work consisting of two (2) or more volumes that do Announcements regularly and not at the same time, each volume creation is considered as a separate work.
Validity of Moral Rights of Performers
The validity period of the moral rights referred to in Article 57 shall apply mutatis mutandis to the moral right Performers.
Validity of Economic Performers, Producers of Phonograms and Broadcasting Agency
The protection of economic rights for:
a. performers, valid for 50 (fifty) years since the show was fixed in phonogramm or audiovisual;
b. producer phonograms, valid for 50 (fifty) years since fonogramnya fixed; and
c. broadcasting institute, valid for 20 (twenty) years since the first broadcast broadcasting works,
the validity period of protection of economic rights referred to as described above starting from January 1 next year.
What are the requirements to file a recordation of Copyright ?
1. Signed Power of Attorney;
2. Signed statement of ownership of Works and Related Rights;
3. Providing Sample of the work, product Related Rights, or its successor;
Procedure of Copyright Recordation in Indonesia:
Upon filing a copyright application, the DGIP (Indonesia IP Office) will conduct a formal examination for checking the completeness of administrative and physical requirements. The application will then enter into evaluation stage and the DGIP will issue the certificate of registration within 9 (nine) months as from the filing date.
Source: Law Of The Republic Of Indonesia No. 28 Year 2014 Regarding Copyright
For further information regarding recordal of assignment of copyright, recordal of change of name and/or address, license of copyright, and other matters related to copyright in Indonesia, including fees for handling copyright matters, please contact us at: email@example.com