Introduction to some of the new Indonesian Copyright Law Provisions

In response to the country’s effort to boost its creative economy, a new set of copyright provisions have been pushed to support the optimal protection and development of all aspects conferred by the rights.

The new Bill on Copyright was recently passed by the Indonesian House of Representative, and is expected to come into effect soon to replace the current Copyrights Law No. 19 of 2002.

Under the new Law, copyright is defined in a greater detail, with clear distinction between moral and economic rights. While new terms are added to the new law, definitions of certain terminologies have also been streamlined with the relevant International Convention on Copyrights.

As an introduction, we have highlighted some of the changes hereunder for easy reference:

Term of Protection

The new Law provides a longer protection period for copyright. If under the prior copyright law, protection of copyrights shall be valid for the life of the Author, and 50 (fifty) years after his death, this has now been extended to 70 (seventy) years.

Outright Sale

The new law is also deemed to offer better protection to Authors in cases of outright sales. Economic rights of an Author, which has been assigned pursuant to an outright sale agreement or unlimited assignment, shall return to the actual Author when such agreement/assignment has been in effect for 25 years. This is applicable for copyrights on books, song and/or music.

Landlord’s Liability

An interesting addition to the Copyright Law is the involvement of trade centers managements in combating piracy. Under the new law, managements of trade centers/shops/mall or any of its kind are to ban any activities that relate to the selling of pirated goods, or goods which constitute any kind of copyright infringements, at their managed locations. Violation of this provision are subject to penalties.

Collective Management Organization

With respect to management of royalties, the new law has also included provisions regarding the so-called Collective Management Organization (Lembaga Manajemen Kolektif). It is a non-profit organization, which are authorized by Authors, Copyright Holders, and/or Related-rights Holders, to manage their respective economic rights, by collecting and distributing their royalty. To operate, this organization would first need to obtain the necessary permit from the Ministry.

The above are only a limited few of the changes and addition made to our Copyright Law. With the Electronic Copyright Application system now available, speeding up copyight application process from what used to be 9 (nine) months to only 14 (fourteen) days, we certainly hope that the country can now offer better protection to Copyrights to deal with the country’s copyrights issues in the long run.

For further information on the Indonesian Copyright Law, please email our Copyright Group at desc@amr.co.id.

AMR/ntm/eb

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