What is Copyright?

Kind of works copyright protected

1. Literary works such as books, pamphlets, novels, poems, reports, advertisements, instruction manuals, newspaper articles, and even shopping lists and examination papers.

2. Dramatic works (that is, anything which is intended to be performed, for example screenplays, scripts. There is no need for a dramatic work to be expressed in writing, provided it is recorded in some material form).

3. Choreographic works

4. Musical compositions (any sound or music is capable of protection provided it is fixed in some form (e.g. transcribed or recorded).

5. Cinema topographic works (i.e. moving pictures): e.g. films, videotapes, commercials, television programs and video clips.

6. Artistic works, engravings, models, diagrams, maps, woodcuts such as drawings, paintings, architecture, sculptures and prints. the work does not have to be "good" art!.

7. Photographs

8. Illustrations, maps, diagrams and plans.

9. "Derivative works", such as translations, adaptations and arrangements of music.

Under TRIPs, the following material must be protected :

1. Material which must be protected under the Berne Convention

2. Computer programs

3. Data bases

4. Performances (whether live, broadcast or recorded on phonograms)

5. Phonograms (sound re

6. Broadcasts (includes television and radio programs and coverage of live performances).

The Indonesian Copyright Act is quite similar. Article 12 (1) states the following works in the fields of science, art and literature can be protected.

1. books, computer program, pamphlets, typographical arrangements of published works, and all other written works (typographical arrangements are defined in the Elucidation of this sub section as "the artistic aspects or aesthetics of the layout of a written work" , for example the special format, colors, position of letters or any ornamentations contained in the work).

2. sermons, lectures, addresses and other spoken works.

3. visual aids made for educational and scientific purposes.

4. songs, including karawitan and phonograms.

5. dramatic works, dances (choreographic works), puppet shows, pantomimes

6. performances

7. broadcasting woks

8. all forms of art, such as paintings, drawings, engravings, calligraphy, carvings, sculptures, collages, handy-crafts, motifs, diagrams, sketches, and logos.

9. architecture

10. map

11. batik art

12. photography

13. cinematographic works (including films, documentaries, reports, etc)

14. translations, interpretations, adaptations, anthologies and databases. There are considered works in their own right (Article 12(2), but copyright in the original work remains.

When will a work to be protected?

A fundamental concepts of copyright law is that copyright does not protect ideas, information or facts, but instead protects the form in which those ideas, information or facts are expressed. Copyright exist only in the concrete form in which an idea has been expressed, not in the idea itself. So copyright does not protect ideas or information. In fact, copyright cannot exist until the idea or information is expressed in a tangible or material form from which it can be reproduced.

This is reflected in article 2 of TRIPs, which states that copyright protection extends to "expressions and not ideas, procedures, methods of operation or mathematical concepts". This leaves anyone free to use the basic idea until it has been put in a concrete form.

Other examples of ideas which could not be protected by copyright although the concrete form in which they are expressed can be protected :

Rights of Copyright Holder

The Indonesian Copyright Act states that copyright holders have the exclusive right to 'announce' and reproduce their works and to give permission to do so to someone else.

Announce is defined as the reading aloud, playing, broadcasting or dissemination of the work using any means or media, including the internet, so that the work can be read, heard or seen by someone else.

'Reproduction occurs when the whole or a very important part of the work is copied". This includes copying something into a different form (elucidation). For example, you cannot paint a statue carved by some one else, or dramatize a novel or broadcast a play written by someone else (elucidation).

So, therefore, the copyright owner may have one or more of the following rights :

1. Right to publish: the copyright holder over a literary, dramatic, musical and artistic work has the right to publish it for the first time.

2. Right to perform the work in public: owners of copyright  in a sound recording have the right to cause it to be heard in public. This would include playing a copyrighted song in a restaurant or workplace. Owners of copyright in literary, dramatic and music works have the right to perform the work in public.

3. Right to broadcast the work to the public: for literary, dramatic and musical works, sound recordings and cinemagraphic films, the copyright owner has the exclusive right to broadcast the work or subject matter.

4. Right to make an adaptation : the owner of copyright in a literary, dramatic or musical work has the right to make an adaptation of the work (for example, a translation, dramatizing).

5. Right to rent the work: owners of copyright in computer program and cinematographic works have the right to control the commercial rental of the works.

6. Right to import : copyright owners generally control the right to import copyrighted material for commercial purposes.

The copyright owner may sell or license one or all of his or her rights.

Transfer of Copyright

Because of copyright is personal property, it can be dealt with in the same way as other forms of property.  It can be :

- given away.

- licensed

- assigned (ie transferred to another person)

- sold.

- included in a will.

- even expropriated

Moral Rights

The owner could sue because Indonesian Law protects what are called "moral rights". Moral rights are personal rights belonging to authors or creators of copyright materials and exist independently of other rights that the copyright owner may sell or license to another. The two main moral rights are :

1. Right to attribution: that is, the right of the author to be publicly identified as the author of the work, to prevent others from claiming authorship of the work, or to prevent others from attributing authorship to another person without the author's permission.

2. Right of Integrity: that is, the right to object to changes made to a work without the author's consent.

Even if the copyright holder or his or her heirs licenses or assigns copyright to another, it is possible to sue if the name of the author, the title, or the content of the work is changed.

Duration of Protection

Indonesian copyright Act Article 29 (1) No. 19 Year 2002 state that the copyright on :

Article 30 :

When is infringement of copyright is justified ?

Article 13 of the Indonesian Copyright Act states that there will be no copyright protection for particular works, such as :

a. open meetings of high-level state institutions

b. laws and regulations

c. state addresses and government official speeches

d. court decisions and judicial orders

e. arbitration bodies decisions

Article 14 of the Indonesian Copyright act also allow people to :

a. publish and reproduce the symbol of the state and the national anthem

b. publish and reproduce anything published by or on the behalf of the government (unless there is a copyright notice on the work. For example, government research, funded by the government, will usually be protected.

Copyright Registration

Copyright registration conduct for the following reasons. First, registration make companies and or people who want to make license agreement to analyse whether someone or another company has registered any other license agreement. Second, the registration make government to be able to control license agreement whether the agreement can cause national economy loss. The license agreement can not include any regulation and or clausal of any action that can caused government loss, and when its happen, the Directorate General  Copyright  can refuse those kind license agreement.

Requirements to file an application of copyright registration

1. The Special Power of attorney (simply sign)

2. The Special Declaration (simply sign)

3. Label or Logo and even the invention figure for 15 sheets

4. Copy of Identity Card and NPWP of the stand of the company (legalization)

References :

- Short course in Intellectual Property Right (Elementary) - Asian Law Group Pty Ltd. - Ausaid.

- Directorate General of Intellectual Property Right - Indonesian Ministerial of Justice and Human Right.