Copyright law of Indonesia
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Copyright law of Indonesia is set out in the Copyright Act, namely, current, Act No. 28 of 2014. In law, the notion of copyright is "the exclusive rights for the creator or the recipient the right to publish or reproduce the creations or give permission for it by not reducing the restrictions according to the laws and regulations that apply" (Article 1, point 1). Copyright Act of Indonesia has been amended in 1987, 1997, 2002, and 2014.


History

Indonesia became a colony of the Netherlands on 1 January 1800, when the Dutch state nationalized the Dutch East India Company and took control of its properties in the archipelago. The territory, then known as the
Dutch East Indies The Dutch East Indies, also known as the Netherlands East Indies ( nl, Nederlands(ch)-Indië; ), was a Dutch colony consisting of what is now Indonesia. It was formed from the nationalised trading posts of the Dutch East India Company, which ...
, had its own copyright law, which was an extension of the Netherlands' own 1912 copyright law. In 1913, the Netherlands became a signatory of the Berne Convention on the protection of original work on behalf of its colonial possessions. Furthermore, it also affirmed the 1928 revision of the convention on behalf of the East Indies in 1931. When Indonesia became a sovereign nation on 27 December 1949, it initially agreed to uphold the treaty as the successor state of the Dutch East Indies. The 1912 copyright law was translated into
Indonesian Indonesian is anything of, from, or related to Indonesia, an archipelagic country in Southeast Asia. It may refer to: * Indonesians, citizens of Indonesia ** Native Indonesians, diverse groups of local inhabitants of the archipelago ** Indonesian ...
as the law on the "right to a creation" (), despite proposals for a more literal translation of the "right of the author" (). Antagonism toward the Dutch over the West New Guinea dispute in the 1950s led Indonesia to withdraw from the Berne Convention in 1958. Publicly, the government reasoned that it wanted to be able to copy foreign books freely in the interest of developing education. Because of the dispute, it also sought to distance itself from acts of the colonial government and did not want to be party to the treaty before the country had written its own copyright law. Indonesia's non-invitation as an independent nation during the 1948 revision of the convention in Brussels—after the 1945 declaration of independence but before the 1949 transfer of sovereignty—was also a point of contention. Support for copyright protection in the 1960s and 1970s was limited to
lobby Lobby may refer to: * Lobby (room), an entranceway or foyer in a building * Lobbying, the action or the group used to influence a viewpoint to politicians :* Lobbying in the United States, specific to the United States * Lobby (food), a thick stew ...
groups, such as the Indonesian Publishers Association (). Unauthorized copying became widespread, and, by the 1980s, approximately 70 to 90 percent of the domestic market for books, videotapes, computer software,
record A record, recording or records may refer to: An item or collection of data Computing * Record (computer science), a data structure ** Record, or row (database), a set of fields in a database related to one entity ** Boot sector or boot record, ...
s, and
cassette tape The Compact Cassette or Musicassette (MC), also commonly called the tape cassette, cassette tape, audio cassette, or simply tape or cassette, is an analog magnetic tape recording format for audio recording and playback. Invented by Lou Ottens ...
s was dominated by sales of unauthorized copies. In 1982, the Indonesian government revoked the colonial copyright law and enacted in its place Law No. 6 of 1982 on Copyright. This law was criticized at both national and international levels because of the length of its protection period, shortened from 50 years in the colonial law to only 25 years. Minister of Justice
Ali Said Ali Sa'id Sheik Hassan, also referred to as Ali Sa'id Hassan Awale and Ali Said (died 17 June 2009), was the chief of police of Mogadishu and a commander of security forces during the war in Somalia, in which he was killed by sniper fire in June ...
, in defending the law, cited the social function of copyright and the need to limit its scope in the public interest. The law included controversial provisions allowing the central government to appropriate a work protected by copyright and publish it "in the national interest" and to assume ownership over folkloristic material when working with foreigners. It also did not cover computer software and afforded weak protections for foreign rights holders. The first amendment to the law, enacted in 1987, removed the appropriation provision and extended the period of copyright for most works to either 50 years after first publication or life of the author plus 50 years. For photographic works, computer programs, and compilations, the protection period remained at 25 years after first publication. The amendment also included a provision stating that foreign works would only be protected on first publication in Indonesia. This provision, however, did not apply to works originating from countries with which Indonesia had a standalone copyright agreement or countries who are co-signatories with Indonesia on an international copyright agreement. Indonesia signed such agreements with the
European Economic Community The European Economic Community (EEC) was a regional organization created by the Treaty of Rome of 1957,Today the largely rewritten treaty continues in force as the ''Treaty on the functioning of the European Union'', as renamed by the Lisb ...
in 1988 and with the United States in 1989. In 1994, Indonesia ratified the Agreement on Trade-Related Aspects of Intellectual Property Rights establishing the World Trade Organization. It rejoined the Berne Convention in 1997 and was the first nation to ratify the World Intellectual Property Organization Copyright Treaty that same year. The 1982 copyright law was further amended in 1997 to redefine the terms "publication" and "reproduction". It also introduced rental rights for films, computer programs, and sound recordings, included computer programs among the literary works, and expanded the definition of compilations to include "other works resulting from transformations". The 1982 copyright law was replaced by Law No. 19 of 2002, which went into effect in 2003. By consolidating the 1982 law and subsequent amendments, the law aimed "to foster the development of works that result from the diversity of art and culture" in Indonesia. The law clarified the status of copyright and
neighboring rights In copyright law, related rights (or neighbouring rights) are the rights of a creative work not connected with the work's actual author. It is used in opposition to the term "authors' rights". ''Neighbouring rights'' is a more literal translation ...
, which had been confusing in prior legislations, and prohibited parallel importation. It also imposed fines and prison terms for copyright violations, but lax enforcement resulted in the United States placing Indonesia on a priority watch list in 2007 for failing to protect intellectual property rights. A new copyright law was enacted in September 2014, raising the protection period for the classical categories of works to the life of the author plus 70 years.


Copyright durations and terms


Organisations

The following organisations are involved in protecting copyright in Indonesia. * KCI : Karya Cipta Indonesia * ASIRI : Asosiasi Indrustri Rekaman Indonesia (Association of Recording Industry Indonesia) * ASPILUKI : Asosiasi Piranti Lunak Indonesia (Software Association of Indonesia) * APMINDO : Asosiasi Pengusaha Musik Indonesia (Association of Music Indonesia) * ASIREFI : Asosiasi Rekaman Film Indonesia (Association of Recording Film Indonesia) * PAPPRI : Persatuan Artis Penata Musik Rekaman Indonesia (United Artists Records Playground Music Indonesia) * IKAPI : Ikatan Penerbit Indonesia (Association of Indonesian Publishers) * MPA : Motion Picture Association (Motion Picture Association) * BSA : Business Software Association


Notable cases


''Love Light'' installation

The Central Jakarta District Court ruled on April 20, 2021, that the light installation ''Love Light'' of the Rabbit Town theme park in
Bandung Bandung ( su, ᮘᮔ᮪ᮓᮥᮀ, Bandung, ; ) is the capital city of the Indonesian province of West Java. It has a population of 2,452,943 within its city limits according to the official estimates as at mid 2021, making it the fourth most ...
infringed the copyright of ''
Urban Light ''Urban Light'' (2008) is a large-scale assemblage sculpture by Chris Burden located at the Wilshire Boulevard entrance to the Los Angeles County Museum of Art (LACMA). The 2008 installation consists of restored street lamps from the 1920s and ...
'', a 2008 public art by the late American artist
Chris Burden Christopher Lee Burden (April 11, 1946 – May 10, 2015) was an American artist working in performance, sculpture and installation art. Burden became known in the 1970s for his performance art works, including ''Shoot'' (1971), where he arranged ...
and installed at the Los Angeles County Museum of Art (LACMA). Accordingly, the Rabbit Town artwork, erected in January 2018, "consists of multiple lampposts arranged in symmetric fashion, similar to the arrangement of lampposts in Burden's sculpture." The case had been filed by the estate of the late artist on June 4, 2020. The court ordered the theme park to remove the installation and to pay Rp1,000,000,000 (equivalent to US$69,000) to the estate of Burden.


References


Citation


Bibliography

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External links

{{Authority control Indonesia Law of Indonesia