Indonesia

Indonesia

Copyright Registration in Indonesia

Are you curious about how copyright works in Indonesia? Well, yes, indeed, there is a centralized copyright agency in the country: the Indonesian Directorate General of Intellectual Property (DGIP). This agency's primary responsibilities are overseeing copyright registration, drafting and implementing regulations, and promoting awareness of copyright protection.

What about the registration system? Just like many other countries, Indonesia also offers a system for copyright registration. Applying for a copyright registration involves submitting an application to the DGIP, alongside supporting documents and a nominal fee.

Now, you might be asking, "Is this registration mandatory?" While it's not obligatory, there are clear advantages of registration. The Indonesian copyright law doesn't require authors to register their works to receive protection. However, registration provides robust evidence in copyright infringement disputes.

Formalities

Indonesia requires no specific copyright notice. Although there are no direct consequences for failure to use a copyright notice, including one can act as a reminder to potential infringers that the work is protected.

Just as with copyright notice, there is no requirement for copyright deposit in Indonesia. The failure to make a deposit will not cause any legal consequences as the right emerges automatically when the work is created.

Now you might be wondering, what if someone forgets to register their copyrighted work? The copyright law doesn't penalize the failure to register a work. However, not registering can make it more difficult to enforce your rights in infringement cases.

Legislation

The laws governing copyright in Indonesia are embodied in Law No. 28 of 2014 concerning Copyright. The DGIP and the courts are the primary bodies enforcing these laws.

Interestingly, the legislation makes specific provisions addressing the digital exploitation of works, such as unauthorized copying and distribution over the internet. It also criminalizes the circumvention of technological protection measures.

Moreover, the copyright law applies extraterritorially to deal with foreign-owned or foreign-operated websites that infringe copyright. This provision ensures that copyright holders can enforce their rights against infringers located outside Indonesia.

Ownership

Generally, the owner of a copyrighted work is the creator. In case of works created by employees, the employer is typically considered the copyright owner, unless stated otherwise in a contract.

Similarly, copyright ownership in works made by independent contractors can vary. It depends largely on the contractual agreements between the hiring party and the contractor.

Co-ownership of copyrighted works is also permissible under Indonesian law. In these cases, rights can be divided according to the contributions of each party.

Of course, copyright rights can be transferred or licensed in Indonesia. The transfer or licensing of copyright must comply with legal formalities, including being in writing and registering the transaction with the DGIP.

International Aspects

Indonesia is a member of several international copyright conventions, including the Berne Convention and the TRIPS Agreement. These conventions impose various obligations on Indonesia, including providing copyright protection to works from other member countries and ensuring effective enforcement mechanisms.

In terms of current developments, Indonesia has seen an increasing recognition of digital copyright issues, such as online piracy. There's a clear trend towards strengthening copyright protection in the digital realm, reflecting the growing importance of the creative economy. The Indonesian government is also focusing on enhancing public awareness about copyright to foster respect for intellectual property rights.

These trends show that Indonesia is making continual efforts to provide a robust and effective copyright regime. Despite some challenges, the future of copyright protection in the country appears to be on the right track.

Remember, when it comes to copyright, knowledge is power, so stay informed!