copyrights - lekslawyer

Law Number 28 of 2014 on Copyright (“New Copyright Law”) was issued on 16 October 2014, which revokes the Law Number 19 of 2002 on Copyright (“Old Copyright Law”). The New Copyright Law became effective since 16 October 2014. The New Copyright Law stipulates several terms which are more complex compared to the Old Copyright Law.

New Copyright Law defines copyright as the exclusive right of the author which arises automatically under the declarative principle after a work is manifested in a tangible form without prejudice to the provisions of prevailing laws and regulations. The New Copyright Law adds scopes of protected work, among others are video game and compilation of traditional culture expressions. Other than that, the New Copyright Law also stipulates several new definitions which are not stipulated previously under the Old Copyright Law, among others are (i) fixation, (ii) collective management organization, (iii) piracy, (iv) royalty, and (v) broadcasting.

Validity Period of Moral Rights and Economic Rights

Article 4 of New Copyright Law emphasizes copyright as an exclusive right which consists of moral rights and economic rights. The moral rights of the author to (i) still put or not put his name on the copy with regards to the use of his work for public, (ii) use his alias or pseudonym, and (iii) preserve his rights, in the event of distortion, mutilation, modification of his work or things that are detrimental to his honor or reputation, are valid indefinitely. However, the moral rights of author over (i) change of his work according to the appropriateness in the society, and (ii) change of title and sub title, are valid for a period of copyright of the respective work.

In principle, the economic right is an exclusive right of the author or holder of copyright to obtain economic benefits over his work. Compare to the Old Copyright Law, the New Copyright Law provides period of protection that is longer for the economic right. The period of economic right for works which in the form of written works, architecture, music, and fine arts are valid during the life of author, up to 70 (seventy) years after the author passes away.


Assignment of Right

One of the material provisions in the New Copyright Law is about the assignment of copyright back to the author, which was not stipulated previously under the Old Copyright Law. The New Copyright Law asserts that the work, such as book, and/or all written works, song and/or music with or without text, which have/has been assigned through a sold flat agreement and/or assignment without a time period shall be assigned back to the author if the period of agreement has reached 25 (twenty five) years.

Landlord of Trade Area’s Liabilities

Landlord of a trade area is prohibited to allow the trade and/or reproduction of goods which are deriving from a copyright or related right infringement on its area. The violation of this provision is subject to a criminal fine of a maximum Rp. 100,000,000 (one hundred million Rupiah).

Duties and Functions Collective Management Organization

Collective management organization (“LMK”) is a nonprofit institution in the form of legal entity authorized by the authorizer, copyright holder and/or the owner of the related rights to manage its economic rights by collecting and distributing the royalty. As example, a karaoke house or other entertainment place that wants to sound off music shall make an agreement with the LMK and pay the royalty to that institution.


Other Provisions in the New Copyright Law

Other than provisions as mentioned above, herewith are pointers of other new provisions in the New Copyright Law, among others are:

  1. Reproduction for private purposes over the copyright can only be made no more than 1 (one) copy and can be done without the permission of the author or copyright holder. However, the reproduction cannot be done to some works, among others are architecture in the form of a building or other construction, whole or substantial part of a book or musical notation, and whole or substantial part of the database in digital form.
  2. Minister of Law and Human Rights has an authority to give recommendation to the minister that is in charge to implement the government affairs in the field of telecommunications and information, in order to block part or all of the content that contains copyright infringement in an electronic system or make that electronic system service to be inaccessible.
  3. Other than violation in the form of piracy, the parties shall first settle the copyright dispute through mediation, before lodging any criminal complaint.
  4. Copyright can be used as an object of fiduciary security.

Criminal Provisions in the New Copyright Law

To protect the moral rights and economic rights of the author and/or copyright holder, the New Copyright Law stipulates criminal sanctions of imprisonment and fine which relatively more higher than the Old Copyright Law. Other than that, the New Copyright Law also asserts that all the criminal actions stipulated under the New Copyright Law are subject to complaint based offence. Therefore, the author, copyright holder or other party who has a right shall first report a copyright infringement prior to the implementation of criminal legal action.

Ivor Pasaribu and Exori Claudia

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