Indonesia

Law of the Republic of Indonesia No. 28 of September 16, 2014, on Copyright

LAW OF THE REPUBLIC OF INDONESIA

NUMBER 28 OF 2014

ON

COPYRIGHTS

BY THE BLESSINGS OF ALMIGHTY GOD

PRESIDENT OF THE REPUBLIC OF INDONESIA,

Considering : a. that copyright is an intellectual property in the fields of

scientific, artistic and literary works that has a strategic

role in supporting the development of the nation and

promoting general welfare as mandated by the 1945

Constitution of the Republic of Indonesia;

b. that the development of scientific, technological, artistic,

and literary works has been so rapid that it is necessary

to have stronger protection and guarantee legal

certainty of Authors, Copyright holders, and Related

Rights owners;

c. that Indonesia has become a member of various

copyright and related right treaties requiring further

implementation in the framework of national legal

system to enable national authors and creators to

compete internationally;

d. that Law Number 19 of 2002 on Copyrights is unduly

compatible with the legal developments and public

needs requiring its change with a new Law;

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e. that based on the considerations as referred to in point

a, point b, point c, and point d, it is necessary to make a

Law on Copyrights.

Observing : Article 5 section (1), Article 20, Article 28 C section (1), and

Article 33 of the 1945 Constitution of the Republic of

Indonesia;

With the Joint Approval of

THE HOUSE OF REPRESENTATIVES

and

THE PRESIDENT OF THE REPUBLIC OF INDONESIA

HAS DECIDED:

To enact : LAW ON COPYRIGHTS.

CHAPTER I

GENERAL PROVISIONS

Article 1

In this Law:

1. Copyright means an exclusive right of the author vested

automatically on the basis of declaratory principle after

Works are embodied in a tangible form without reducing by

virtue of restrictions in accordance with the provisions of

laws and regulations.

2. Author means a person or several persons who individually

or jointly produce works that are unique and personal.

3. Works mean any scientific, artistic, and literary works

resulted from inspiration, ability, thought, imagination,

dexterity, skill or expertise expressed in a tangible form.

4. Copyright Holder means an Author as the Copyright owner,

the party acquiring a lawful right from the Author, or other

parties who acquire subsequent rights from the party such

acquiring lawful rights.

5. Related Right means any right related to Copyrights that

constitute the exclusive right of the performer, producer of

phonogram or Broadcasting organization.

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6. Performer(s) means one or several persons who individually

or jointly display and perform works.

7. Producer of Phonogram means a person or legal entity that

is the first to record and is responsible for performing voice

recording or sound recording, both performance recording

and voice or other sound recording.

8. Broadcasting Organization means any organizer of

Broadcasting, including public Broadcasting organization,

private Broadcasting organization, community Broadcasting

organization and subscription-based Broadcasting

organization who in performing the duties, functions and

responsibilities complies with the provisions of laws and

regulations.

9. Computer Program means a set of instructions that are

expressed in the form of languages, codes, schemes, or in

any form that is intended for a computer to perform specific

functions or to achieve certain outcomes.

10. Portrait means a photographic work with a human object.

11. Publication means any reading, broadcasting, exhibition of

works using any means, either electronically or non-

electronically, or performing in any way so that works can

be read, heard, or seen by others.

12. Reproduction means any process, act, or method of

Reproducing one or more copies of Works and/or

phonogram by any mean and in any form, permanently or

temporarily.

13. Fixation means the embodiment of sounds, images or both

of them, which may be seen, heard, reproduced or

communicated through any device.

14. Phonogram means a Fixation of sound of a performance or

of other sounds, or of a representation of sound, exclusive

of the form of Fixation incorporated in a cinematography or

other audiovisual Works.

15. Broadcasting means a transmission of a Work or a Related

Rights product by wireless means to be received by anyone

in any location away from originated transmission.

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16. Communication to the public, hereinafter referred to as

Communication, means the transmission of Works,

performances, or Phonograms, by wire or other media other

than Broadcasting to be received by the public, including

producing Works, performances, or Phonograms available

for public access from a place and at a time individually

chosen by them.

17. Distribution means the sale, circulation, and/or

dissemination of Works and/or Related Rights products.

18. Proxy means an intellectual property consultant, or a

person authorized by an Author, Copyright Holder or

Related Rights owner.

19. Application means an application for the recordation of

Works by the applicant to the Minister.

20. License means a written permission granted by the

Copyright Holder or Related Rights Owner to other parties

to exercise the economic rights over their Works or Related

Rights product under certain conditions.

21. Royalty means remuneration for the utilization of Economic

Rights of Works or Related Rights product received by the

Author or Related Rights owner.

22. Collective Management Organization means an institution

of a non-profit legal entity that is authorized by the Author,

the Copyright Holder, and/or Related Rights owner to

manage their economic rights in the form of collecting and

distributing royalties.

23. Piracy means any unauthorized Reproduction of Works

and/or Related Rights products and distribution of goods

resulting from extensively to gain economic benefits.

24. Commercial Use means any use of Works and/or Related

Rights products with the purpose of gaining economic

benefits from various sources or by payment.

25. Damage means an amount of money imposed on infringer

of economic rights violations of an Author of a Copyright

Holder and/or a Related Rights owner under a court

decision in a civil or criminal case that is final and binding

for the loss suffered by the Author, Copyright Holder and/or

Related Rights owner.

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26. Minister means the minister administering government

affairs in the legal field.

27. Person means a natural person or legal entity.

28. Day means a work Day.

Article 2

This Law applies to:

a. all Works and Related Rights products of Indonesian

nationals, residents and legal entities;

b. all Works and Related Rights products of non-Indonesian

nationals, non-Indonesian residents and non-Indonesian

legal entities making their first Publication in Indonesia;

c. all Works and/or Related Rights products and users of

Works and/or Related Rights products of non-Indonesian

nationals, non-Indonesian residents, and non-Indonesian

legal entities, provided that:

1. their State has a bilateral agreement with the Republic

of Indonesia regarding the protection of Copyrights and

Related Rights; or

2. their State and the Republic of Indonesia are State

parties to or Contracting States to the same

multilateral agreement regarding the protection of

Copyrights and Related Rights.

Article 3

This Law regulates:

a. Copyrights; and

b. Related Rights.

CHAPTER II

COPYRIGHTS

Part One

General

Article 4

Copyrights as referred to in Article 3 point a are the exclusive

rights comprising moral rights and economic rights.

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Part two

Moral Rights

Article 5

(1) The moral rights as referred to in Article 4 are rights that

are eternally inherent to the Author to:

a. continue to include or to exclude their name on the

copy with respect to the public use of their Works;

b. use an alias or pseudonym;

c. change their Works to comply with appropriateness in

society;

d. change the title and subtitle of their Works; and

e. defend their rights in the event of a distortion of

Works, mutilation of Works, modification of Works, or

other acts which will be prejudicial to their honor or

reputation.

(2) The moral rights as referred to in section (1) cannot be

transferred as long as the Author is alive, but the exercise

of these rights is transferrable by testament or other

reasons in accordance with the provisions of laws and

regulations after their death.

(3) In the event of a transfer of the exercise of moral rights as

referred to in section (2), the recipient may release or refuse

the exercise of their rights with the condition that the

release or refusal to exercise these rights is expressed in

writing.

Article 6

In order to protect the moral rights as referred to in Article 5

section (1), the Author may have:

a. Copyright management information; and/or

b. Copyright electronic information.

Article 7

(1) The Copyright management information as referred to in

Article 6 point a includes information about:

a. methods or systems that can identify the originality of

the substance of the Works and the Author; and

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b. the information code and access code.

(2) The Copyright electronic information as referred to in Article

6 point b includes information about:

a. the Works, which appear and are embedded

electronically in connection with the activity of Works

Publication;

b. the Author's name, alias or pseudonym;

c. the Author as the Copyright Holder;

d. the period and conditions of the use of the Works;

e. number; and

f. information code.

(3) The Copyright management information as referred to in

section (1) and the Copyright electronic information as

referred to in section (2), which are owned by the Author,

are prohibited from being removed, changed, or damaged.

Part Three

Economic Rights

Paragraph 1

Economic Rights of

the Author or the Copyright Holder

Article 8

Economic rights are the exclusive right of the Author or the

Copyright Holder in order to gain economic benefits from the

Works.

Article 9

(1) The Author or the Copyright Holder as referred to in Article

8 has the economic rights to engage in:

a. publication of the Works;

b. Reproduction of the Works in all its forms;

c. translation of the Works;

d. adaptation, arrangement, or transformation of the

Works;

e. Distribution of the Works or their copies;

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f. performance of the Works;

g. Publication of the Works;

h. Communication of the Works; and

i. rental of the Works.

(2) Every Person who exercises the economic rights as referred

to in section (1) is obligated to obtain permission from the

Author or the Copyright Holder.

(3) Every person is prohibited from exercising Reproduction

and/or Commercial Use without any permission from the

Author or the Copyright Holder.

Article 10

Managers of business premises are prohibited from allowing the

sale and/or reproduction of goods resulted from Copyrights

and/or Related Rights infringements in the location under their

management.

Article 11

(1) The economic rights to engage in the Distribution of the

Works or copies as referred to in Article 9 Section (1) point e

do not apply to Works or copies that have been sold or

ownership of the Works has been transferred to anyone.

(2) The economic rights to rent out the Works or copies as

referred to in Article 9 section (1) point i do not apply to

Computer Programs where the Computer Program is not

the essential object of the rental.

Paragraph 2

Economic Rights to a Portrait

Article 12

(1) Every Person is prohibited from engaging in Commercial

Use, Reproduction, Publication, Distribution and/or

Communication of a Portrait taken for commercial

billboards or advertising purposes without the written

consent of the persons in the portrait or their heirs.

(2) The Commercial Use, Reproduction, Publication,

Distribution and/or Communication of the Portrait as

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referred to in section (1), containing portraits of 2 ( two) or

more persons, are obligated to request the consent of the

persons in the Portrait or their heirs.

Article 13

The Publication, Distribution, or Communication of the Portrait

of a Performer or several Performers in a public performance are

not regarded as an infringement of Copyright, unless stated

otherwise or authorized by the Performers or holders of the right

to the performance prior to or during the performance.

Article 14

For the purpose of security, public interest, and/or necessity of

criminal proceedings, competent authority may engage in the

Publication, Distribution, or Communication of a Portrait

without having to secure the consent of the person or persons

depicted in the Portrait.

Article 15

(1) Unless agreed otherwise, the owner and/or holder of a

Works of photography, paintings, drawings, architectural

work, sculpture or other artistic works have the right to

make a Publication of the Works in a public exhibition or a

Reproduction in a catalog produced for exhibition purposes

without any consent of the Author.

(2) The provisions regarding the Publication of Works as

referred to in section (1) also apply to Portraits insofar as

they do not contradict the provisions as referred to in

Article 12.

Paragraph 3

Transfer of Economic Rights

Article 16

(1) Copyright is an intangible movable Object.

(2) A Copyright may be transferred, either in whole or in part

by:

a. inheritance;

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b. grant;

c. waqf;

d. testament;

e. written agreement; or

f. other justifiable reasons in accordance with the

provisions of laws and regulations.

(3) A Copyright may be used as an object of fiducia collateral.

(4) The provision regarding Copyright as the object of fiducia

collateral as referred to in section (3) is implemented in

accordance with the provisions of laws and regulations.

Article 17

(1) Economic rights to Works remain with the Author or the

Copyright Holder provided that the Author or the Copyright

Holder does not transfer all economic rights from the

Author or the Copyright Holder to the recipient of the

transfer of rights to the Works.

(2) The economic rights that have been transferred by the

Author or the Copyright Holder in whole or in part cannot

be transferred for the second time by the same Author or

Copyright Holder.

Article 18

The Works of books, and/or all other written works, songs

and/or music with or without text that are transferred in a sold

flat agreement and/or indefinite transfers, are to be reverted to

the Author when the agreement reaches a period of 25 (twenty

five) years.

Article 19

(1) Copyrights owned by an Author that have not been, have

been, or are not Published, Distributed or Communicated

after the Author’s death become the property of the heirs or

his/her beneficiary.

(2) The provisions as referred to in section (1) are not

applicable if the rights are obtained in contravention to law.

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CHAPTER III

RELATED RIGHTS

Part One

General

Article 20

The Related Rights as referred to in Article 3 point b are

exclusive rights that include:

a. moral rights of Performers;

b. economic rights of Performers;

c. economic rights of Producers of Phonogram; and

d. economic rights of Broadcasting Organizations.

Part Two

Moral Rights of Performers

Article 21

Moral rights of Performers are the right inherent to Performers

that cannot be eliminated or cannot be removed for any reason

even though their economic rights have been transferred.

Article 22

The moral rights of Performers as referred to in Article 21

include the right to:

a. have their name stated as Performers, unless agreed

otherwise; and

b. not create distortion of Works, mutilation of Works,

modification of Works, or matters that have the nature of

damaging personal honor or reputation unless agreed

otherwise.

Part Three

Economic Rights

Paragraph 1

Economic Rights of Performers

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Article 23

(1) Performers have economic rights.

(2) The economic rights of Performers as referred to in section

(1) include the exclusive right to authorize or prohibit others

from engaging in:

a. Broadcasting or Communication of performances of the

Performers;

b. Fixation of performances that have not been fixed;

c. Reproduction of the Fixation of performances by any

mean or in any form;

d. Distribution of the Fixation of performances or of

copies;

e. rental of the Fixation of performances or of copies to

the public; and

f. making available of the Fixation of performances to

public access..

(3) The Broadcasting or Communication as referred to in

section (2) point a is not applicable to:

a. Fixation of performances that have been authorized by

the Performers; or

b. Rebroadcasting or Recommunication of what has been

authorized by the Broadcasting Organization first

receiving the performance authorization.

(4) The distribution as referred to in section (2) point d does

not apply to performance works that has been fixed, sold or

transferred.

(5) Every Person may engage in a Commercial Use of Works in

a performance without prior authorization from the Author

by paying remuneration to the Author through a Collective

Management Organization.

Paragraph 2

Economic Rights of Producers of Phonogram

Article 24

(1) Producers of Phonogram have economic rights.

(2) The economic rights of Producers of Phonogram as referred

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to in Section (1) include the exclusive right to authorize or

prohibit others from engaging in:

a. reproduction of Phonograms by any means or in any

forms;

b. distribution of original of Phonograms or of copies;

c. rental of copies of Phonograms to the public; and

d. making available, by wire or wireless means, of

Phonograms to public access.

(3) The distribution as referred to in section (2) point b is not

applicable to copies of performance Fixation that have been

sold or whose ownership have been transferred by the

Producer of Phonogram to other parties.

(4) Every Person exercising the economic rights of Producer of

Phonogram as referred to in section (2) must obtain

permission from the Producer of Phonogram.

Paragraph 3

Economic Rights of Broadcasting Organizations

Article 25

(1) Broadcasting Organizations have economic rights.

(2) The economic rights of Broadcasting Organizations as

referred to in Section (1) include the exclusive right to

authorize or prohibit others from engaging in:

a. Rebroadcasting of a broadcast;

b. Communication of a broadcast;

c. Fixation of a broadcast; and/or

d. Reproduction of a broadcast Fixation.

(3) Every person is prohibited from engaging in any

unauthorized commercial distribution for of the content of

broadcast works of Broadcasting Organizations.

Paragraph 4

Protection Limitations

Article 26

The provisions as referred to in Article 23, Article 24 and Article

25 apply to:

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a. use of short excerpts from Works and/or Related Rights

products for reporting actual events intended solely for the

purpose of providing current information;

b. Reproduction of Works and/or Related Rights products

solely for the purpose of scientific research;

c. Reproduction of Works and/or Related Rights products

solely for the purpose of teaching activities, except

performances and Phonograms that have been published as

teaching materials; and

d. use for the purpose of education and scientific development

that allows Works and/or Related Rights products to be

used without permission from Performers, Producer of

Phonogram, or Broadcasting Organizations.

Paragraph 5

Equitable Remuneration for

The Use of Phonograms

Article 27

(1) Phonograms that are available for public access by wire or

wireless means must be considered as Phonograms that

have been Published for commercial purposes.

(2) Users must pay reasonable remuneration to Performers and

Producer of Phonogram, if a Phonogram Published for

commercial purposes or a Reproduction of such

Phonogram, is used directly for Broadcasting and/or for

Communication.

(3) The right to receive reasonable remuneration as referred to

in section (2) applies for 50 (fifty) years from the date of

Publication.

Article 28

Unless agreed otherwise, Producer of Phonogram must pay

Performers 1/2 (one half) of their revenues.

Paragraph 6

Transfer of Economic Rights

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Article 29

The transfer of economic rights to Works as referred to in Article

16, Article 17 and Article 19 applies mutatis mutandis to the

transfer of economic rights to Related Rights products.

Article 30

The economic rights to a Performer's Work of songs and/or

music that have been transferred and/or sold, return to the

Performer after a period of 25 (twenty five) years.

CHAPTER IV

AUTHOR

Article 31

Unless proven otherwise, the one to be considered as the Author

is the Person whose name:

a. is stated in the Works;

b. is stated as the Author of the Works;

c. is stated in the certificate of Work Recordation; and/or

d. is listed in the general register of Works as the Author.

Article 32

Unless proven otherwise, a Person giving a talk without any

written material and no information regarding the Author of the

talk is available, is considered as the Author.

Article 33

(1) In the event that Works comprise several individual parts

created by 2 (two) Persons or more, the one that will be

regarded as the Author is he Person leading and overseeing

the completion of the entire Works.

(2) In the event that the Person who leads and oversees the

completion of the whole Works as referred to in section (1)

does not exist, the one that will be considered as the Author

is the Person who puts together the Works without

prejudice to respective Copyrights of each part of the

Works.

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Article 34

In the event that Works are designed by a person and embodied

and executed by other Persons under the direction and

supervision of the Person who designs, the one will be regarded

as the Author is the Person designing the Works.

Article 35

(1) Unless agreed otherwise, the Copyright Holder to Works

produced by an Author under employment of civil service

institution, the one to be regarded as the Author is the

government agency.

(2) In the event that the Works as referred to in section (1) is

used commercially, the Author and/or Related Rights

holders will receive remuneration in the form of Royalty.

(3) Further provisions regarding the payment of Royalties for

commercial use as referred to in section (2) are regulated in

a Government Regulation.

Article 36

Unless agreed otherwise, the Author and the Copyright Holder to

Works produced under an employment relation or based on

commission are the party producing the Works.

Article 37

Unless proven otherwise, in the event that a legal entity makes

Publication, Distribution, or Communication of Works originating

from the legal entity, without citing any person as the Author, the

one who will be regarded as the Author is the legal entity.

CHAPTER V

PROTECTED TRADITIONAL

CULTURAL EXPRESSIONS AND WORKS

Part One

Traditional Cultural Expressions and

Copyrights of Unknown Authors

Article 38

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(1) The Copyright of traditional cultural expressions is held by

the State.

(2) The State is obligated to take inventory, preserve, and

maintain traditional cultural expressions as referred to in

section (1).

(3) The use of traditional cultural expressions as referred to in

section (1) considers the values that live in the custodian

that practice them.

(4) Further provisions regarding Copyrights held by the State

on traditional cultural expressions as referred to in section

(1) are regulated in a Government Regulation.

Article 39

(1) In the event that the Author of Works is unknown and the

Works have not been Published, the Copyright of the Works

will be held by the State for the benefit of the Author.

(2) In the event that Works of unknown Author have been

Published, or listed only in alias or pseudonym of the

Author, the Copyright to the Works will be held by the party

who makes the Publication for the interest of the Author.

(3) In the event that Works have been published but the

Author and party who make the Publication are unknown,

the Copyright to the Works will be held by the State for the

interest of the Author.

(4) The provisions as referred to in section (1), section (2) and

section (3) are not applicable if the Author and/or parties

making the Publication may prove the ownership to the

work concerned.

(5) The interest of the Author as referred to in section (1) and

section (3) is executed by the Minister.

Part Two

Protected Works

Article 40

(1) Protected Works which include scientific, artistic, and

literary Works, comprise:

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a. books, pamphlets, typholographical arrangement of

published written work, and all other written works;

b. talks, lectures, speeches, and other similar Works;

c. visual aids made for educational and scientific

purposes;

d. songs and/or music with or without lyrics;

e. dramatic works, musical dramas, dances,

choreography, puppet shows, pantomimes;

f. fine art works in any forms such as paintings,

drawings, engravings, calligraphy, carvings,

sculptures, or collage;

g. applied art works;

h. architectural works;

i. maps;

j. batik art works or other patterns art;

k. photographic works;

l. Portraits;

m. cinematographic works;

n. translations, interpretations, alterations, anthologies,

databases, adaptation, arrangement, modification and

other works resulting from transformation;

o. translation, adaptation, arrangement, transformation,

or modification of traditional cultural expressions;

p. compilation of Works or data, whether in a readable

format by Computer Program or by other media;

q. compilation of traditional cultural expressions as long

as the compilation constitutes an original work;

r. video games; and

s. Computer Programs.

(2) The Works as referred to in section (1) point n are protected

as Works in their own right without prejudicing the

Copyright on the original Works.

(3) The protection as referred to in section (1) and section (2)

includes the protection for Works that have not been

Published but have already embodied in tangible form

allowing the Reproduction of such Work.

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Part Three

Unprotected Works under Copyrights

Article 41

Works that are not protected by Copyrights include:

a. works that have not been embodied in tangible form;

b. every idea, procedure, system, method, concept, principle,

findings or data despite having been expressed, stated,

described, explained, or incorporated in a Work; and

c. tools, objects, or products that are created solely to resolve

technical problems or of which form only serves functional

needs.

Article 42

There is no Copyright to works of:

a. results of open meetings of State institutions;

b. laws and regulations;

c. State speeches or speeches of government officials;

d. court decisions or judge provisions; and

e. scriptures or religious symbols.

CHAPTER VI

COPYRIGHT LIMITATIONS

Article 43

Acts that are not considered as Copyright infringements include:

a. Publication, Distribution, Communication, and/or

Reproduction of State emblems and national anthem in

accordance with their original nature;

b. Any Publication, Distribution, Communication, and/or

Reproduction executed by or on behalf of the government,

unless stated to be protected by laws and regulations, a

statement to such Works, or when Publication,

Distribution, Communication, and/or Reproduction to such

Works are made;

c. taking of actual news, either in whole or in part from a

news agency, Broadcasting Organization, and newspaper or

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other similar sources provided that the source is fully cited;

or

d. the production and distribution of the Copyrighted content

through information technology and communication media

that are not commercial and/or lucrative for the Author or

related parties, or the Author expresses no objection to the

manufacture and dissemination in question.

e. Reproduction, Publication, and/or Distribution of Portraits

of the President, Vice President, former Presidents, former

Vice Presidents, National Heroes, heads of State

institutions, heads of ministries/nonministerial government

agencies, and/or the heads of regions by taking into

account the dignity and appropriateness in accordance with

the provisions of laws and regulations.

Article 44

(1) Use, retrieval, Reproduction, and/or change of Works

and/or Related Rights products in whole or substantial part

are not regarded as a Copyright infringement if the source

is mentioned or cited in full for the purpose of:

a. education, research, scientific writing, report writing,

writing of critique or review of a problem without

prejudicing the reasonable interests of the Author or

the Copyright Holder;

b. security and governance, legislative, and judiciary;

c. talks that are only intended for the purpose of

education and science; or

d. performances or shows that are free of charge provided

that they would not prejudice the reasonable interests

of the Author.

(2) Facilitating access to Works for persons who are blinds,

visually impaired or print disabled and/or users of Braille,

audio books, or other means, is not considered a Copyright

infringement if the source is mentioned or fully cited, except

for commercial purposes.

(3) In the event of Works in the form of architectural works, the

change as referred to in section (1) will not be considered a

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Copyright infringement if it is based on considerations of

technical implementation.

(4) Further provisions regarding the facilitation of access to

Works for persons who are blind, visually impaired and

print disabled and using Braille, audio books, or other

means as referred to in section (2) are administered in

Government Regulation.

Article 45

(1) A Reproduction of 1 (one) copy or adaptation of a Computer

Program carried out by a legitimate user may be done

without the permission from the Author or the Copyright

Holder if the copy is used for:

a. research and development of the Computer Program;

and

b. archive or backup of the Computer Program acquired

legally to prevent loss, damage, or cannot be operated.

(2) If the use of the Computer Program has expired, the copy or

the adaptation of the Computer Program must be destroyed.

Article 46

(1) Reproduction for personal use of Works that has been

published may only be made for 1 (one) copy and may be

carried out without permission from the Author or the

Copyright Holder.

(2) The Reproduction for personal purposes as referred to in

section (1) does not include:

a. architectural works in the form of buildings or other

constructions;

b. an entire or a substantial part of a book or musical

notation;

c. an entire or a substantial part of a database in digital

form;

d. Computer Programs, except as referred to in Article 45

section (1); and

e. Reproduction for personal purposes of which exercise

contravenes the reasonable interests of the Author or

the Copyright Holder.

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Article 47

Every non-commercial library or archival institution may

reproduce 1 (one) copy of the Works or part of the Works without

permission from the Author or the Copyright Holder by:

a. Reprographic reproduction of a writing that has been

Published, summarized, or abridged to meet the demand of

a person provided that:

1. the library or the archival institution ensures that the

copy will only be used for educational or research

purposes;

2. the Reproduction is made separately and if it is

repeated, that Reproduction must constitute unrelated

events; and

3. no License is offered by the Collective Management

Organization for the library or the archival institution

in regard to the reproduced section.

b. the reproduction of copies is for preservation, replacement

of required copies, or replacement of copies in the event

that the copy is lost, damaged, or destroyed from the

permanent collection at the library or other archival

institutions provided that:

1. it is impossible for the library or the archival

institution to obtain a copy in reasonable conditions;

or

2. the making of the copy is conducted separately or if

done repeatedly, the making of copies must be

unrelated events.

c. the reproduction of copies is intended for the purpose of

interlibrary, interarchival institutions, and between library

and archival institution Communication or information

exchange.

Article 48

Reproduction, Broadcasting or Communication of Works for

information purposes that specifies the source of and the name

of the Author in full are not considered as Copyright

-23-

infringements provided that the Works are in the form of:

a. articles in various fields that have been Published both in

printed media and electronic media, unless its copy is

provided by the Author, or is related to the Broadcasting or

Communication of the Works;

b. reports of actual events or short excerpts of the Works that

are viewed or listened to in certain situations; and

c. scientific papers, speeches, talks, or other similar Works

conveyed to the public.

Article 49

(1) Temporary Acts of Reproduction of Works are not

considered as Copyright infringement if the Reproduction

meets the following conditions:

a. it is done during the digital transmission or the

production of the digital Works in a storage media;

b. it is done by any Person authorized by the Author to

transmit the Works; and

c. it uses any tools equipped with automatic deletion

mechanism to prevent such Works to be displayed

again.

(2) Any Broadcasting Organization may make temporary

recording without authorization from the Author or the

Copyright Holder for the purpose of its activities using its

own equipment and facilities.

(3) Broadcasting Organizations are obligated to destroy the

temporary recording as referred to in section (2) not later

than 6 (six) months since its production or within a longer

period upon approval from the Author.

(4) Broadcasting Organizations may make 1 (one) copy of the

temporary recording that has particular characteristics for

official archival purposes.

Article 50

Every Person is prohibited from engaging in Publication,

Distribution, or Communication of Works that contravene

morals, religion, morality, public order, or national defense and

security.

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Article 51

(1) The government may make Publication, Distribution, or

Communication of Works through radio, television and/or

other means for national interests without authorization

from the Copyright Holder, on the condition that it is

obligated to provide remuneration to the Copyright Holder.

(2) The Broadcasting Organizations making the Publication,

Distribution, or Communication of Works as referred to in

section (1) have the right to document the Works solely for

the Broadcasting Organizations on the condition that for

subsequent Broadcasting, the Broadcasting Organizations

must obtain authorization from the Copyright Holder.

CHAPTER VII

TECHNOLOGICAL PROTECTION MEASURES

Article 52

Every person is prohibited from damaging, destroying,

eliminating, or disabling the function of technological protection

measures used as a safeguard of the Works or Related Rights

products as well as the safeguard of the Copyright or Related

Rights, except for State defense and security purposes, as well

as other reasons in accordance with the provisions of laws and

regulations, or as agreed otherwise.

Article 53

(1) Works or Related Rights products using information

technology-based and/or high technology-based means of

production and/or data storage must satisfy the licensing

regulations and production requirements established by

relevant authorities.

(2) Further provisions regarding the information technology

and/or high technology-based means of production and/or

data as referred to in section (1) are regulated in a

Government Regulation.

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CHAPTER VIII

COPYRIGHT AND RELATED RIGHTS CONTENT

IN INFORMATION AND COMMUNICATION TECHNOLOGY

Article 54

To prevent the infringement of Copyright and Related Rights

using media based on information technology, the Government

is authorized to conduct:

a. supervision on the production and dissemination of

Copyrights and Related Rights infringing contents;

b. cooperation and coordination with various parties, either

domestic or international in the prevention of production

and dissemination of Copyrights and Related Rights

infringing contents; and

c. supervision on the acts of recording Works and Related

Rights products using any media in performance venues.

Article 55

(1) Every Person who is aware of an infringement of Copyright

and/or Related Rights through electronic systems for

Commercial use may report to the Minister.

(2) The Minister verifies the reports as referred to in section (1).

(3) In the event that sufficient evidence is found based on the

verification of the reports as referred to in section (2), upon

request of the complainant the Minister will recommend the

minister administering government affairs in the field of

telecommunications and information to block in part or in

whole the Copyrights infringing the content in the electronic

system or make the services of the electronic system

inaccessible.

(4) In the event of the blocking of Internet sites as referred to in

section (3) is done entirely, within a period of 14 (fourteen)

Days after the blocking, the Minister is obligated to request

a court provision.

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Article 56

(1) The Minister administering government affairs in the field of

telecommunications and information pursuant to the

recommendations as referred to in Article 55 section (3)

may block the content and/or user’s access right that

infringes Copyrights and/or Related Rights in the electronic

system and renders the electronic system services

inaccessible.

(2) Further provisions regarding the implementation on

blocking content and/or user’s access right that infringes

Copyrights and/or Related Rights in the electronic system

or rendering the electronic service system as referred to in

section (1) are stipulated by a joint regulation of the

Minister and the minister holding the duties and

responsibilities in the field of communication and

information.

CHAPTER IX

DURATION OF

COPYRIGHTS AND RELATED RIGHTS

Part One

Duration of Copyrights

Paragraph 1

Duration of Moral Rights

Article 57

(1) The moral rights of Authors as referred to in Article 5

section (1) point a, point b, and point e endure for indefinite

term.

(2) The moral rights of Authors as referred to in Article 5

section (1) point c and point d endure for a term of

Copyright on the Works concerned.

Paragraph 2

Duration of Economic Rights

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Article 58

(1) Copyright protection for Works of:

a. books, pamphlets, and all other written works;

b. talks, lectures, speeches, and other similar Works;

c. props made for education and scientific purposes;

d. songs or music with or without lyrics;

e. dramatic works, musical dramas, dances,

choreography, puppet shows, pantomimes;

f. fine art works in all forms such as paintings, drawings,

engravings, calligraphy, sculpture, sculptures, or

collage;

g. architectural works;

h. maps; and

i. batik art works or other pattern arts,

endures for a term consisting of the life of the Author and

70 (seventy) years after the Author’s death, commencing

from 1st January of the year following the event.,

(2) In the event that the Works as referred to in Section (1) is

owned by 2 (two) or more persons, Copyright protection will

endure for a term consisting of the life of the last surviving

Author and 70 (seventy) years after such last surviving

author’s death, commencing from 1st January of the year

following the event.

(3) Copyright protection to the Works as referred to in section

(1) and section (2) owned or held by a legal entity endures

for 50 (fifty) years since its first Publication.

Article 59

(1) Copyright protection for Works of:

a. photographic works;

b. Portraits;

c. cinematographic works;

d. video games;

e. Computer programs;

f. typholographical arrangement of written works;

g. translations, interpretations, alterations, anthologies,

databases, adaptations, arrangements, modifications

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and other work resulting from transformation;

h. translations, adaptations, arrangements,

transformations or modifications of traditional cultural

expressions;

i. compilation of Works or data, either in a readable

format by a Computer Program or other media; and

j. compilation of traditional cultural expressions insofar

as the compilation is an original work,

endures for 50 (fifty) years since the first Publication.

(2) Copyright Protection for Works of applied art endures for 25

(twenty five) years since the first Publication.

Article 60

(1) Copyrights on the traditional cultural expressions held by

the State as referred to in Article 38 section (1) endure

indefinitely.

(2) Copyrights to the Works of unknown Authors held by the

State as referred to in Article 39 section (1) and section (3)

endure for 50 (fifty) years since the first Publication.

(3) Copyright to the Works exercised by the party performing

the Publication as referred to in Article 39 section (2)

endure for 50 (fifty) years since the first Publication.

Article 61

(1) Duration of Copyright protection for Works of which

Publication made in parts is calculated from the date of

Publication of the final part.

(2) In determining the duration of Copyright protection for

Works consisting of 2 (two) volumes or more of which

Publication is periodic and not at the same time, each

volume of the Works is considered as a separate Work.

Part Two

Duration of Related Rights

Paragraph 1

Duration of Moral Rights of Performers

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Article 62

The duration of moral rights as referred to in Article 57 applies

mutatis mutandis with respect to the moral rights of Performers.

Paragraph 2

Duration of Economic Rights of

Performers, Producers of Phonogram and Broadcasting

Organizations

Article 63

(1) Protection of economic rights for:

a. Performers, endures for 50 (fifty) years since the

performance is fixed in a Phonogram or in audiovisual;

b. Producers of Phonogram, endures for 50 (fifty) years

since the Phonogram is fixed; and

c. Broadcasting Organizations, endures for 20 (twenty)

years since the broadcasting work was first

broadcasted.

(2) The duration of economic rights protection as referred to in

section (1) commences from 1 January of the year following

the event.

CHAPTER X

RECORDATION OF WORKS AND RELATED RIGHTS PRODUCTS

Part One

General

Article 64

(1) The Minister administers the recordation and the

Invalidation of Works and Related Rights products.

(2) The Recordation of Works and Related Rights products as

referred to in section (1) is not a requirement to obtain

Copyright and Related Rights.

Article 65

The recordation of Works cannot be carried out for art paintings

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in the form of logos or distinctive signs that are used as marks

in the course of trade of goods/services or used as a symbol of

an organization, business entity or legal entity.

Part Two

Procedures for Recordation

Article 66

(1) The recordation of Works and Related Rights products is

filed with written Application in the Indonesian language by

the Author, Copyright Holder, Related Rights owner, or

his/her Proxy to the Minister.

(2) The Application as referred to in section (1) filed

electronically and/or non-electronically must:

a. deposit a sample of Works, Related Rights products, or

its substitution;

b. attach a statement of ownership of the Works and

Related Rights; and

c. pay fees.

Article 67

(1) In the event that the Application as referred to in Article 66

section (1) is filed by:

a. several persons who are jointly entitled to the Works or

Related Rights products, the Application will be

enclosed with a written statement corroborating such

rights; or

b. legal entities, the Application will be enclosed with a

certified true copy of the deed of establishment of the

legal entity that has been certified by competent

authorities.

(2) In the event that the Application is filed by several persons,

all the applicants' names must be written by determining

one selected address of applicant.

(3) In the event that the Application is filed by an applicant

who originates from outside the territory of the Unitary

State of the Republic Indonesia, the Application is required

to file through a registered intellectual property consultant

as the Proxy.

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Article 68

(1) The Minister conducts an examination to the Application

that has satisfied the requirements as referred to in Article

66 and Article 67.

(2) The examination as referred to in section (1) is conducted to

determine whether the Works or Related Rights products

filed are essentially the same or else to the Works recorded

in the general registry of Works or other intellectual

property objects.

(3) The results of the examination as referred to in section (1)

are used as consideration for the Ministers to accept or

refuse the application.

(4) The Minister decides to accept or refuse the application not

later than 9 (nine) months from the date of receipt of the

Application satisfying the requirements as referred to in

Article 66 and Article 67.

Article 69

(1) In the event that the Minister accepts the application as

referred to in Article 68 section (4), the Minister issues a

certificate of Work recordation and record it in the general

register of Works.

(2) The general register of Works as referred to in section (1)

specifies:

a. the name of the Author and the Copyright Holder, or

the name of the owner of the Related Rights products;

b. the date of receipt of the Application;

c. the date of completion of the requirements as referred

to in Article 66 and Article 67; and

d. number of registration of the Works or the Related

Rights products.

(3) The general register of Works as referred to in section (2)

may be viewed by every Person for free.

(4) Unless proven otherwise, the certificate of Work recordation

as referred to in section (1) is the preliminary proof of

ownership to Works or Related Rights products.

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Article 70

In the event that the Minister refuses the Application as referred

to in Article 68 section (4), the Minister will notify the refusal in

writing to the applicant with reasons.

Article 71

(1) Works of Related Rights products recorded in the general

register of Works as referred to in Article 69 section (1) may

be issued an official excerpt.

(2) Every Person may obtain the official excerpt as referred to

in section (1) that is subject to fees.

Article 72

The Recordation of Works or Related Rights products in the

general register of Works does not constitute an endorsement of

the content, meaning, purpose, or shape of the Works or Related

Rights products being recorded.

Article 73

Further provisions regarding procedures for recordation of

Works and Related Rights products are regulated in a

Government Regulation.

Part Three

Invalidation of the Recordation of

Works and Related Rights Products

Article 74

(1) The recordation of Works and Related Rights is invalid due

to:

a. a request of the person or legal entity whose name is

recorded as the Author, Copyright Holder or Related

Rights owner;

b. the lapse of time as referred to in Article 58, Article 59,

Article 60 section (2) and section (3) and Article 61;

c. court decision that has been final and binding

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regarding the cancellation of recordation of Works or

Related Rights product; or

d. violation of religious norms, norms of morality, public

order, State defense and security, or laws and

regulations of which invalidation is executed by the

Minister.

(2) Invalidation of recordation of Works upon request of the

person or legal entity whose name is recorded as the

Author, the Copyright Holder, or Related Rights owner as

referred to in section (1) point a is subject to fees.

Article 75

Further provisions regarding invalidation of the recordation of

Works and Related Rights products as referred to in Article 74

are regulated in a Government Regulation.

Part Four

Transfer of Rights to Recordation of

Works and Related Rights Products

Article 76

(1) The transfer of Rights to the recordation of Works and

Related Rights products as referred to in Article 69 section

(1) may be made if the entire Copyright to the recorded

Works is transferred to the right recipient.

(2) The Transfer of Rights as referred to in section (1) is done

by submitting a request in writing from both sides or from

the rights recipient to the Minister.

(3) The Transfer of Rights as referred to in section (2) is

recorded in the general register of Works and subject to

fees.

Article 77

Further provisions regarding the transfer of rights to recordation

of Works and Related Rights products as referred to in Article 76

are regulated in a Government Regulation.

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Part Five

Changes in Name and/or Address

Article 78

(1) Changes in name and/or address of the person or legal

entity of which name is recorded in the general register of

Works as the Author, the Copyright Holder, or the owner of

Related Rights products are carried out by submitting an

Application in writing from the Author, the Copyright

Holder, or the owner of the Related Rights products who is

the owner of that name and address to the Minister.

(2) Changes in name and/or address of the person or legal

entity of which name is recorded in the general register of

Works as the Author, the Copyright Holder, or the owner of

Related Rights are recorded in the general register of Works

and subject to fees.

Article 79

Further provisions regarding the changes in name and/or

address as referred to in Article 78 are regulated in a

Government Regulation.

CHAPTER XI

LICENSE AND COMPULSORY LICENSE

Part One

License

Article 80

(1) Unless agreed otherwise, Copyright holders or Related

Rights owners have the right to grant a license to other

parties pursuant to a written agreement to carry out the

acts as referred to in Article 9 section (1), Article 23 section

(2), Article 24 section (2), and Article 25 section (2).

(2) The Licensing Agreement as referred to in section (1) takes

into effect for a certain period without exceeding the

duration of the Copyright and Related Rights.

(3) Unless agreed otherwise, the exercise of the acts as referred

-35-

to in section (1) entails obligation of the Licensee to pay

Royalties to the Copyright Holder or Related Rights owner

during the Licensing period.

(4) The determination of the amount of Royalty as referred to in

Section (3) and procedures for granting Royalties is based

on the Licensing agreement between the Copyright Holder

or Related Rights owner and the Licensee.

(5) The amount of Royalty in the License agreement must be

determined based on the prevailing best practices and serve

the equitable principle.

Article 81

Unless agreed otherwise, Copyright Holders or Related Rights

owners may exercise on their own or grant a License to a third

party to exercise the acts as referred to in Article 9 section (1),

Article 23 section (2), Article 24 section (2), and Article 25

section (2).

Article 82

(1) Licensing agreements are prohibited from including

provisions that bring damages to the Indonesian economy.

(2) Content of the Licensing agreements is prohibited from

contravening the provisions of laws and regulations.

(3) Licensing agreements are prohibited from becoming means

to eliminate or take over all the rights of Authors to their

Works.

Article 83

(1) Licensing Agreements must be recorded by the Minister in

the general register of Copyright License Agreements and

subject to fees.

(2) Licensing Agreements that do not comply with the

provisions as referred to in Article 82 may not be recorded

in the general register of Licensing agreements.

(3) If a Licensing agreement is not recorded in the general

register as referred to in section (1), the Licensing

agreement does not have legal effects to third parties.

(4) Further provisions regarding the procedures for recordation

of Licensing Agreements as referred to in section (1) are

regulated in a Government Regulation.

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Part Two

Compulsory License

Article 84

A compulsory license is a License to carry out translation and/or

Reproduction of scientific and literary Works which are granted

under the decision of the Minister upon request for the purposes

of education and/or science as well as research and

development activities.

Article 85

Every Person may apply for a compulsory license of scientific

and literary Works as referred to in Article 84 for the purposes of

education, science, and research and development activities to

the Minister.

Article 86

(1) With respect to the request for a compulsory license as

referred to in Article 85, the Minister may:

a. oblige the Copyright Holder to do their own translation

and/or Reproduction of Works in the territory of the

Republic of Indonesia within a specified time;

b. oblige concerned Copyright Holder to authorize other

parties to carry out the translation and/or

Reproduction of Works in the territory of the Republic

Indonesia within a specified period where the

Copyright Holder does not do on their own; or

c. appoint other parties to do the translation and/or

Reproduction of the Works in the event that the

Copyright Holder does not carry out the obligations as

referred to in point b.

(2) The Obligation to do the translation as referred to in section

(1) is implemented after a lapse of a period of 3 (three) years

since the scientific and literary Works are published insofar

as the works have never been translated into the

Indonesian language.

(3) The obligation to perform Reproduction as referred to in

section (1) is implemented after the lapse of a period of:

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a. 3 (three) years since a book in the field of mathematics

and natural sciences has been Published and the book

has never been Reproduced in the territory of the

Unitary Republic of Indonesia;

b. 3 (three) years since a book in the field of social

sciences has been Published and the book has not

been Reproduced in the territory of the Unitary State of

Republic of Indonesia; and

c. 3 (three) years since a book in the field of arts and

literature has been Published and the book has never

been Reproduced in the territory of the Unitary State of

the Republic of Indonesia.

(4) The Translation or Reproduction as referred to in section (1)

may only be used in the territory of the Unitary State of the

Republic of Indonesia.

(5) The implementation of the provisions as referred to in

section (1) point b and point c entails reasonable

remuneration.

(6) Further provisions regarding compulsory licenses are

regulated in a Government Regulation.

CHAPTER XII

COLLECTIVE MANAGEMENT ORGANIZATIONS

Article 87

(1) In order to obtain the economic rights, every Author,

Copyright Holder, and Related Rights owner become

members of a Collective Management Organization in order

to collect reasonable remuneration from users who use the

Copyright and Related Rights in non-commercial public

service.

(2) Copyright and Related Rights Users, who use the Rights as

referred to in section (1), pay Royalties to the Author,

Copyright Holder, or Related Rights owners through a

Collective Management Organization.

(3) The Users as referred to in section (1) enter into an

agreement with the Collective Management Organization

stipulating the obligation to pay the Royalties for the

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Copyright and Related Rights being used.

(4) The commercial use of Works and/or Related Rights

products by users is not considered an infringement of this

Law insofar as the user has done and has fulfilled the

obligations under the agreement with the Collective

Management Organization.

Article 88

(1) The Collective Management Organization as referred to in

Article 87 section (1) is obligated to submit Application for

operational permit to the Minister.

(2) Operational permit as referred to in section (1) fulfills the

requirements of:

a. being a non-profit Indonesian legal entity;

b. being authorized by the Author, Copyright Holder, or

Related Rights owners to collect, and distribute

royalties;

c. having mandate givers as members for at least 200

(two hundred) Authors for Collective Management

Organizations in the field of songs and/or music that

represent the interests of authors and at least 50 (fifty)

for Collective Management Organizations representing

Related Rights owners and/or other Copyright objects;

d. having the objective to collect and distribute Royalties;

and

e. being able to collect and distribute royalties to

Authors, Copyright Holders or Related Rights owners.

(3) Collective Management Organizations that do not have an

operational permit from the Minister as referred to in

section (1) are prohibited from collecting and distributing

Royalties.

Article 89

(1) To manage Copyright Royalties in the field of songs and/or

music 2 (two) national Collective Management

Organizations are established that each represents:

a. interests of Authors; and

b. interests of Related Rights owners.

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(2) Both of Collective Management Organizations as referred to

in section (1) have the authority to collect and distribute

Royalties from commercial Users.

(3) To collect as referred to in section (2) the two Collective

Management Organizations coordinate and determine the

amount of Royalties that is the right of each Collective

Management Organization in accordance with the prevailing

best practice.

(4) The provisions concerning guidelines for determining the

amount of royalties are established by the Collective

Management Organizations as referred to in section (1) and

endorsed by the Minister.

Article 90

In managing rights of Authors and Related Rights owners, the

Collective Management Organizations are obligated to perform

financial audits and performance audits conducted by public

accountant at least once in 1 (one) year and announce the

results to the public through 1 (one) national print media and 1

(one) electronic media.

Article 91

(1) A Collective Management Organization may only use

operational funds as much as 20% (twenty percent) from

the total amount of Royalties collected annually.

(2) During the first 5 (five) years since the establishment of the

Collective Management Organization under this Law, the

Collective Management Organization may use operational

funds a maximum of 30% (thirty percent) of the total

amount of royalties collected annually.

Article 92

(1) The Minister evaluates the Collective Management

Organizations at least once in 1 (one) year.

(2) In the event that the result of the evaluation as referred to

in section (1) shows that the Collective Management

Organization does not comply with the provisions as

referred to in Article 88, Article 89 section (3), Article 90, or

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Article 91, the Minister will revoke the operational permit of

the Collective Management Organization.

Article 93

Further provisions regarding procedures for requesting and

issuing operational permit, as well as evaluating the Collective

Management Organizations are regulated in a Ministerial

Regulation.

Chapter XIII

FEES

Article 94

The fees as referred to in Article 66 section (2) point c, Article 71

section (2), Article 74 section (2), Article 76 section (3), Article 78

section (2), and Article 83 section (1) are non-tax State revenues

collected in accordance with the provisions of laws and

regulations in the field of non-tax State revenues.

Chapter XIV

DISPUTE SETTLEMENT

Part One

General

Article 95

(1) Copyright dispute settlement may be done through

alternative dispute resolution, arbitration, or courts.

(2) The authorized court as referred to in section (1) is the

Commercial Court.

(3) Courts other than the Commercial Court as referred to in

section (2) are not authorized to handle Copyright dispute

settlement.

(4) In addition to the infringement of Copyrights and/or

Related Rights in the form of Piracy, insofar as all parties in

dispute are known to exist and/or are in the territory of the

Unitary State of the Republic Indonesia, they first

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undertake a settlement of disputes through mediation

before proceeding with penal charges.

Article 96

(1) Authors, Copyright holders and/or Related Rights holders

or their heirs suffering from loss of economic rights are

entitled to Damages.

(2) The Damages as referred to in section (1) are given and

specified simultaneously in the verdict of the court decision

regarding the Copyright and/or Related Rights criminal

offenses.

(3) The Payment of Compensation to the Author, Copyright

Holder and/or Related Rights owner is made within not

later than 6 (six) months after the court decision is final

and binding.

Article 97

(1) In the event that the Works have been recorded under

Article 69 section (1), other interested parties may file a

lawsuit for cancellation of recordation of the Works in the

public register of Works through the Commercial Court.

(2) The lawsuit as referred to in section (1) is addressed to the

Author and/or the registered Copyright Holder.

Article 98

(1) The transfer of Copyright of Works in whole to other parties

does not prejudice the right of the Author or their heirs to

file a lawsuit against any Person who deliberately and

without rights and without the consent of the Author

violates the moral rights of the Author as referred to in

Article 5 section (1).

(2) The transfer of economic rights of Performers to other

parties does not prejudice the right of Performers or their

heirs to file a lawsuit against any Person who deliberately

and without rights and without the consent of the

Performers infringement the moral rights as referred to in

Article 22.

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Article 99

(1) Authors, Copyright Holders, or the Related Rights owners

are entitled to file claim for damages to the Commercial

Court for infringement of Copyrights or Related Rights

products.

(2) The claim for damages as referred to in section (1) may be

in the form of a request to give all or a part of the income

earned from organizing talks, scientific meetings,

performances or exhibitions of the work resulting from the

infringement of Copyright or Related Rights products.

(3) In addition to the claim as referred to in section (1),

Authors, Copyright Holders, or Related Rights owners may

request an interlocutory injunction to the Commercial

Court to:

a. request the seizure of the Works that has been

Published or Reproduced, and/or Reproduction tools

used to produce the Works resulting from an

infringement of Copyright and Related Rights products;

and/or

b. cease the activity of Publication, Distribution,

Communication, and/or Reproduction of the Works

resulting from an infringement of Copyright and

Related Rights products.

Part Two

Procedures for Lawsuit

Article 100

(1) A claim for Copyright infringement is submitted to the chief

justice of the Commercial Court.

(2) The claim as referred to in section (1) is recorded by the

clerk of the Commercial Court in the register of court cases

on the date the claim is filed.

(3) The clerk of the Commercial Court provides a receipt that

has been signed on the same date as the date of

registration.

(4) The clerk of the Commercial Court submits the claim

-43-

application to the chief justice of the Commercial Court not

later than 2 (two) days since the date the claim is filed.

(5) Within a period of not later than 3 (three) Days from the

registration date, the Commercial Court sets the trial Day.

(6) Notices and subpoena of parties are carried out by the

bailiff not later than 7 (seven) Days after the claim is

registered.

Article 101

(1) A decision to the claim is pronounced not later than 90

(ninety) Days since the lawsuit is filed.

(2) In the event that the period as referred to in section (1)

cannot be met, upon the approval of the Chief Justice of the

Supreme Court that period may be extended for 30 (thirty)

days.

(3) The decision as referred to in section (1) is pronounced in

an open court hearing.

(4) The decision of the Commercial Court as referred to in

section (3) is delivered by the bailiff to the parties not later

than 14 (fourteen) Days since the decision is pronounced.

Part Three

Legal Remedies

Article 102

(1) The decision of the Commercial Court as referred to in

Article 101 section (3) is only subject to an appeal to the

Supreme Court.

(2) The appeal to the Supreme Court as referred to in section

(1) is filed not later than 14 (fourteen) Days since the date

the decision of the Commercial Court is pronounced in an

open court hearing or is notified to the parties.

(3) The appeal as referred to in section (2) is registered in the

Commercial Court releasing the decision to the claim by

payment of fee of which amount is determined by the court.

(4) The clerk of the Commercial Court registers the appeal to

the Supreme Court on the date the application is submitted

and provides a signed receipt for the appellant on the same

date as the registration date.

-44-

(5) The clerk of the Commercial Court is obligated to convey

the appeal to the Supreme Court as referred to in section (4)

to the defendant not later than 7 (seven) Days after the

appeal to the Supreme Court is filed.

Article 103

(1) The appellant submits an appeal memory to the Supreme

Court to the clerk of the Commercial Court not later than

14 (fourteen) Days as from the date of the appeal to the

Supreme Court is filed.

(2) The clerk of the Commercial Court delivers the appeal

memory to the Supreme Court as referred to in section (1)

to the defendant not later than 7 (seven) Days since the

clerk of the Commercial Court receives the appeal memory

to the Supreme Court.

(3) The defendant may submit a counter memory of appeal to

the Supreme Court to the clerk of the Commercial Court not

later than 14 (fourteen) Days since the defendant receives

the appeal memory to the Supreme Court.

(4) The clerk of the Commercial Court delivers a counter

memory of appeal to the Supreme Court to the appellant

not later than 7 (seven) Days since the clerk of the

Commercial Court receives the counter memory of appeal to

the Supreme Court.

(5) The clerk of the Commercial Court sends the counter

memory of appeal to the Supreme Court not later than 14

(fourteen) Days as from the period as referred to in section

(3).

Article 104

(1) Within a period of 7 (seven) Days since the Supreme Court

receives petition to appeal, the Supreme Court sets a trial

Day.

(2) The decision of appeal to the Supreme Court must be

pronounced not later than 90 (ninety) Days as from the date

the appeal is accepted by the Supreme Court.

(3) The clerk of the Supreme Court is obligated to deliver a

copy of the appeal decision to the clerk of the Commercial

-45-

Court not later than 7 (seven) days since the appeal

decision is pronounced.

(4) The bailiff of the Commercial Court is obligated to deliver a

copy of the appeal decision as referred to in Section (3) to

the appellant and the defendant within a period of 7 (seven)

days since the clerk of the Commercial Court receives the

appeal decision.

Article 105

The right to claim for infringement of Copyright and/or Related

Rights does not prejudice the Rights of the Author and/or the

Related Rights owner to charge for penal lawsuit.

CHAPTER XV

INTERLOCUTORY INJUNCTION

Article 106

Upon the request of the party affected by the implementation of

Copyright or Related Rights, the Commercial Court may issue an

interlocutory injunction to:

a. prevent the entry of products which are allegedly resulting

from the infringement of the Copyright or Related Rights

into trade channels;

b. withdraw from circulation and seize as well as to keep as

admissible evidence related to the infringement of Copyright

or Related Rights;

c. secure evidence and prevent its elimination by perpetrator;

and/or

d. cease the infringement in order to prevent greater damages.

Article 107

(1) Request for interlocutory injunction is submitted in writing

by the Author, the Copyright Holder, the Related Rights

owner, or their Proxy to the Commercial Court by

compelling the following requirements:

a. attaching proof of Copyright or Related Rights

ownership;

b. attaching initial indications of the infringement of the

Copyright or Related Rights;

-46-

c. attaching a clear description on the goods and/or

documents requested, searched, collected, or secured

for evidence;

d. attaching a statement of concern that the party

allegedly committing the Copyright or Related Rights

offense will destroy the evidence; and

e. paying a bail with the amount proportional to the value

of the goods to be subject to the interlocutory

injunction.

(2) The request for interlocutory injunction as referred to in

section (1) is submitted to the chief justice of the

Commercial Court within the jurisdiction where the goods

allegedly to be resulting from Copyright or Related Rights

infringement are found.

Article 108

(1) If the request for interlocutory injunction has complied the

requirements as referred to in Article 107, the clerk of the

Commercial Court registers the request and submits the

request for interlocutory injunction not later than 1x24 (one

times twenty four) hours to the chief justice of the

Commercial Court.

(2) Within not later than 2 (two) Days as from the date of

receipt of the request for interlocutory injunction as referred

to in section (1), Chief Justice of the Commercial Court

appoints a judge of Commercial Court to review the request

for interlocutory injunction.

(3) Within not later than 2 (two) Days as from the date of

appointment as referred to in section (2), judge of the

Commercial Court must decide in order to grant or refuse

the request for interlocutory injunction.

(4) In the event that the request for interlocutory injunction is

accepted, judge of the Commercial Court will issue a letter

of interlocutory injunction.

(5) The interlocutory injunction as referred to in section (4) is

notified to the parties subject to the interlocutory injunction

within not later than 1x24 (one times twenty four) hours.

(6) In the event that the interlocutory injunction is rejected, the

-47-

Commercial Court judge will notify the rejection to the

interlocutory injunction applicant with the reasons.

Article 109

(1) In the event that the Commercial Court issues the

interlocutory injunction as referred to in Article 108 section

(4), the Commercial Court will summon the party that is

subject to the interlocutory injunction not later than 7

(seven) days since the date of the issuance of the

interlocutory injunction for questioning.

(2) Party that is subject to the interlocutory injunction may

submit information and evidence regarding the Copyright

not later than 7 (seven) Days from the date of receipt of

subpoena as referred to in section (1).

(3) Not later than 30 (thirty) Days since the date of issuance of

the interlocutory injunction, the judge of the Commercial

Court decides to affirm or annul the interlocutory

injunction.

(4) In the event that the interlocutory injunction is affirmed,

then:

a. the bail that has been paid must be returned to the

applicant of interlocutory injunction;

b. the applicant may file a claim for damages due to

Copyright infringement; and/or

c. the applicant may report the Copyright infringement to

the investigator officer of the National Police of the

Republic of Indonesia or civil servant investigator.

(5) In the event that the interlocutory injunction is annulled,

the bail that has been paid will be given to the party who is

subject to the interlocutory injunction as compensation for

damages resulting from the interlocutory injunction.

CHAPTER XVI

INVESTIGATION

Article 110

(1) In addition to investigating officials of the Indonesian

National Police, certain Civil Servant Officials in ministries

-48-

who hold government affairs in the field of law specially

authorized as investigators as referred to in the Law that

regulates the criminal procedure to conduct investigations

on Copyright and Related Rights crimes.

(2) The investigator as referred to in section (1) has authority to

conduct:

a. verification on the accuracy of the reports or

information in relation to criminal offenses in the field

of Copyright and Related Rights;

b. examination to the persons or legal entities allegedly

committing criminal offenses in the field of Copyright

and Related Rights;

c. soliciting information and evidence from persons or

legal entities in relation to criminal offenses in the field

of Copyright and Related Rights;

d. examination of books, records and other documents

relating to criminal offenses in field of Copyright and

Related Rights;

e. searching and examination of premises that are alleged

contain evidence, bookkeeping, records and other

documents relating to criminal offenses in the field of

Copyright and Related Rights;

f. confiscation and/or termination of circulation upon

the permission of the court of materials and goods

resulting from the offenses that may be used as

evidence in a criminal case in the field of Copyright

and Related Rights in accordance with the Code of

Criminal Procedure;

g. request for expert deposition in performing the tasks of

criminal investigations in the field of Copyright and

Related Rights;

h. request for assistance from relevant institutions to

arrests, detent, set a wanted list, prevent and deter

against perpetrators of criminal offenses in the field of

Copyright and Related Rights; and

i. termination of the investigation if there is no sufficient

evidence of criminal activity in the field of Copyright

and Related Rights.

-49-

(3) In conducting the investigation, the civil servant

investigator officials may seek the assistance of the

investigator officials of the Indonesian National Police.

(4) Civil servant investigator officials notify the commencement

of the investigation to the public prosecutor and

investigator officials of the Indonesian National Police.

(5) Results of investigations conducted by the civil service

investigating officials are submitted to public prosecutors

through the investigator officials of the Indonesian National

Police.

(6) In the event of conducting actions as referred to in Section

two (2) point e and point f the Civil Servant Investigator will

seek the assistance of the investigator officials of the

Indonesian National Police.

Article 111

(1) Evidence proceedings conducted in the course of the

examination process at the level of investigation,

prosecution, and examination in court may be conducted by

utilizing information and communication technology in

accordance with the provisions of laws and regulations.

(2) Electronic information and/or electronic documents are

recognized as evidence in accordance with the provisions

laws and regulations.

CHAPTER XVII

CRIMINAL PROVISIONS

Article 112

Every Person who unlawfully commits the acts as referred to in

Article 7 Section (3) and/or Article 52 for Commercial Use shall

be sentenced to imprisonment for up to 2 (two) years and/or a

fines up to Rp300,000,000.00 (three hundred million rupiahs).

Article 113

(1) Every Person who unlawfully infringes the economic rights

as referred to in Article 9 Section (1) point i for Commercial

-50-

Use shall be sentenced to imprisonment for up to 1 (one)

year and/or fine up to Rp100,000,000 (one hundred million

rupiahs).

(2) Every Person who unlawfully and/or without permission of

the Author or the Copyright holder infringes the economic

rights of the Author as referred to in Article 9 section (1)

point c, point d, point f, and/or the point h for Commercial

Use shall be sentenced to imprisonment for up to 3 (three)

years and/or fine up to Rp500,000,000.00 (five hundred

million rupiahs).

(3) Every person who unlawfully and/or without permission of

the Author or Copyright holders infringes the economic

rights of the Author as referred to in Article 9 Section (1)

point a, point b, point e, and/or point g for Commercial Use

shall be sentenced to imprisonment for up to 4 (four) years

and/or fine up to Rp1,000,000,000.00 (one billion rupiahs).

(4) Every Person fulfilling the elements as referred to in section

(3) by committing piracy, shall be sentenced to

imprisonment for up to 10 (ten) years and/or fine up to

Rp4,000,000,000.00 (four billion rupiahs).

Article 114

Every Person managing business premises in all its forms who

deliberately and knowingly allows the sale and/or duplication of

goods resulting from infringement of Copyright and/or Related

Rights in the premises that they manage as referred to in Article

10 shall be sentenced with a maximum fine of

Rp100,000,000.00 (one hundred million rupiahs).

Article 115

Every Person who without the consent of the person portrayed or

their heirs engages in a Commercial Use, Duplication,

Announcement, Distribution, or Communication of the Portrait

as referred to in Article 12 for the purpose of advertising or

publicity for Commercial Use both in electronic media and non-

electronic media, shall be sentenced with a maximum fine of

Rp500,000,000.00 (five hundred million rupiahs).

-51-

Article 116

(1) Every Person unlawfully infringes the economic rights as

referred to in Article 23 section (2) point e for Commercial

Use shall be sentenced to imprisonment for up to 1 (one)

year and/or fine up to Rp100,000,000 (one hundred million

rupiahs).

(2) Every Person unlawfully infringes the economic rights as

referred to in Article 23 section (2) point a, point b, and/or

point f, for Commercial Use shall be sentenced to

imprisonment for up to 3 (three) years and/or fine up to

Rp500,000,000.00 (five hundred million rupiahs).

(3) Every Person unlawfully infringes the economic rights as

referred to in Article 23 section (2) point c and/or point d

for Commercial Use shall be sentenced to imprisonment for

up to 4 (four) years and/or fine up to Rp1,000,000,000.00

(one billion rupiahs).

(4) Every Person fulfilling the elements as referred to in section

(3) by committing Piracy shall be sentenced to

imprisonment for up to 10 (ten) years and/or fine for up to

Rp4,000,000,000.00 (four billion rupiahs).

Article 117

(1) Every Person who deliberately and unlawfully infringes the

economic rights as referred to in Article 24 section (2) point

c for the Commercial Use shall be sentenced to

imprisonment for up to 1 (one) year and/or fine up to

Rp100,000,000 (one hundred million rupiahs).

(2) Every Person who deliberately and unlawfully infringes the

economic rights as referred to in Article 24 section (2) point

a, point b, and/or point d for the Commercial Use shall be

sentenced to imprisonment for up to 4 (four) years and/or

fine up to Rp1,000,000,000.00 (one billion rupiahs).

(3) Every Person fulfilling the elements as referred to in section

(2) by committing Piracy shall be sentenced to

imprisonment for up to 10 (ten) years and/or fine up to

Rp4,000,000,000.00 (four billion rupiahs).

-52-

Article 118

(1) Every Person who deliberately and unlawfully infringes the

economic rights as referred to in Article 25 section (2) point

a, point b, point c and/or point d for Commercial Use shall

be sentenced to imprisonment for up to 4 (four) years

and/or fine up to Rp1,000,000,000.00 (one billion rupiahs).

(2) Every Person fulfilling the elements as referred to in Article

25 section (2) point d with the intention of committing

Piracy shall be sentenced to imprisonment for up to 10 (ten)

years and/or fine up to Rp4,000,000,000.00 (four billion

rupiahs).

Article 119

Any Collective Management Organization without any operating

permit from the Minister as referred to in Article 88 section (3)

and engages in Royalty collection shall be sentenced to

imprisonment for up to 4 (four) years and/or fine up to

Rp1,000,000,000.00 (one billion rupiahs).

Article 120

The criminal offenses as referred to in this Law shall be warranty

complaint.

CHAPTER XVIII

TRANSITIONAL PROVISIONS

Article 121

At the time this Law comes into force:

a. Pending application for recordation of Works and Related

Rights products are to be completed under the provisions of

Law Number 19 of 2002 on Copyrights;

b. certificate of Work registration under this Law is called a

certificate of Work recordation that has been issued prior to

this Law remains effective until the expiry of the protection

period;

c. the sale and purchase agreement regarding economic rights

to Works in the form of songs and/or music which is

-53-

reached before this Law, remains effective until the expiry of

the agreement period;

d. Copyright cases that are in proceedings proceeds under Law

Number 19 of 2002 on Copyrights;

e. the collection and Distribution of Royalties conducted by

professional organizations or similar bodies by any name

that have existed before the enactment of this Law may

proceed until the establishment of the Collective

Management Organization in accordance with the

provisions of this Law;

f. professional organizations or any similar bodies by any

name as referred to in point e, to the provisions as referred

to in Article 87, Article 88 and Article 89 as from the

enactment of this Law;

g. professional organizations or similar bodies by any name

that have previously existed whose duty and function

included collecting, managing, and/or distributing Royalties

before the enactment of this Law adapt and transform into

a Collective Management Organization within 2 (two) years

since the enactment of this Law.

Article 122

At the time this Law comes into force, agreements on Works of

books and/or other written work as well as songs and/or music

with or without text transferred in sold flat agreements and/or

unlimited time transfer that were made before the entry into

force of this Law is reverted to the Author with the following

conditions:

a. The Copyrights in sold flat agreements that at the time of

the enactment of this Law have reached a period of 25

(twenty five) years reverted to the Author 2 (two) years since

the entry into force of this Law;

b. The Copyrights in sold flat agreements that at the time of

the enactment of this Law have not yet reached a period 25

(twenty five) years are reverted to the Author after reaching

25 (twenty five) years since the signing of the sold flat

agreement plus 2 (two) years.

-54-

CHAPTER XIX

CLOSING PROVISIONS

Article 123

At the time this Law comes into force, all laws and regulations

that are implementing regulations of Law Number 19 of 2002 on

Copyrights (State Gazette of the Republic Indonesia of 2002

Number 85, Supplement to State Gazette of the Republic of

Indonesia Number 4220), remains effective to the extent not

contrary to the provisions of this Law.

Article 124

At the time this Law comes into force, Law Number 19 of 2002

on Copyrights (State Gazette of the Republic of Indonesia of

2002 Number 85, Supplement to State Gazette of the Republic of

Indonesia Number 4220) is repealed and declared ineffective.

Article 125

Implementing regulations of this Law must be established not

later than 2 (two) years since this Law is promulgated.

Article 126

This Law comes into force on the date of its promulgation.

-55-

ELUCIDATION

OF

LAW OF THE REPUBLIC OF INDONESIA

NUMBER 28 OF 2014

ON

COPYRIGHTS

I. GENERAL

Copyright is part of intellectual property that has the most extensive

scope of protected objects, because it includes scientific, artistic and

literary works as well as computer programs. The development of creative

economy which has become one of the mainstays of Indonesia and other

countries and the rapid growth of information and communication

technologies requires an update to the Copyright Law, due to the fact that

Copyright has become the most important basis for the national creative

economy. Under a Copyright Law that fulfills the elements of protection

and development of the creative economy it is expected that the

contribution of the Copyrights and Related Rights sector for the country's

economy can be more optimal.

The progress of information and communication technology has

become one of the variables in this Law on Copyrights, considering that

information and communication technologies on the one hand have a

strategic role for the development of Copyrights; but have also become a

tool for violations against law in this field. Thus, proportional regulation is

indispensable, in order to optimize positive functions and minimize the

negative impacts.

The step taken by the House of Representatives of the Republic of

Indonesia and the Government to change Law Number 19 of 2002 on

Copyrights with this Law is an earnest effort by the State to protect the

-2-

Economic rights and moral rights of Authors and Related Rights

owners as an important element in the development of national creativity.

The denial of economic rights and moral rights can erode the motivation of

Authors and Related Rights owners to be creative. Such loss of motivation

will lead to a wide impact of the collapse of the macro creativity of the

Indonesian nation. Reflecting on developed countries, one can see that

adequate protection of Copyrights has successfully led to a significant

growth of the creative economy and provided a real contribution to the

economy and welfare of the people.

By taking into account the considerations that it is necessary to

change the Copyright Law with a new one, which broadly regulates:

a. Copyright protections exercised with a longer period in line with the

practice in various countries so that the period of Copyright

protection in certain fields endures for life of the Author plus 70

(seventy) years after the Author's death.

b. Better protection of the economic rights of Authors and/or Related

Rights owners, including limiting the transfer of economic rights in

the form of sold flat (sold flat).

c. Effective dispute resolution through mediation, arbitration or the

courts, as well as the application of a complaint offense for criminal

prosecution.

d. Managers of trading premises who are responsible for the sales venue

and/or violations of Copyright and/or Related Rights in the shopping

centers that they manage.

e. Copyrights as a movable intangible objects that may be used as an

object collateral of fiducia.

f. The Minister who is authorized to remove a Work that has been

recorded, if the Work violates religious norms, norms of morality,

public order, defense and security of the State, as well as provisions

of laws and regulations.

g. Authors, Copyright Holders, Related Rights owners who become

members of Collective Management Organization in order to be able

to draw remuneration or Royalties.

h. Authors and/or Related Rights owners who receive Royalties for

Works or Related Rights products produced in service relations and

used commercially.

-3-

i. Collective Management Organizations that serve to collect and

manage the economic rights of Authors and Related Rights owners

are required to apply for an operating permit to the Minister.

j. Use of Copyright and Related Rights in multimedia facilities to

respond the developments of information and communication

technology.

At the international level, Indonesia has participated as a member of the

Agreement Establishing the World Trade Organization that includes Trade

Related Aspects of Intellectual Property Rights, hereinafter referred to as

TRIPS, through Law Number 7 of 1994.

In addition, Indonesia has ratified the Berne Convention for the

Protection of Artistic and Literary Works through Presidential Decree

Number 18 of 1997 and the World Intellectual Property Organization

Copyright Treaty, hereinafter referred to as WCT, through Presidential

Decree Number 19 of 1997, as well as the World Intellectual Property

Organization Performances and Phonograms Treaty, hereinafter referred to

as WPPT, through Presidential Decree Number 74 of 2004.

The replacement of Law Number 19 of 2002 on Copyrights with this

Law was made to prioritize national interests and the balance between the

interests of Authors, Copyright Holders, or Related Rights owners, and the

public as well as in consideration of provisions in treaties in the field of

Copyrights and Related Rights.

II. ARTICLE BY ARTICLE

Article 1

Sufficiently clear.

Article 2

Sufficiently clear.

Article 3

Sufficiently clear.

Article 4

The term "exclusive right" means right that is solely intended for the

Author, accordingly no other party may take advantage of these

-4-

rights without the permission of the Author. Copyright holders who

are not Authors only possess a portion of the exclusive rights in the

form of economic rights.

Article 5

Section (1)

Point a

Sufficiently clear.

Point b

Sufficiently clear.

Point c

Sufficiently clear.

Point d

Sufficiently clear.

Point e

The term "distortion of Works" means the act of twisting

facts or identity of the Works.

The term "mutilation of Works" means the process or act to

eliminate part of the Works.

The term "modifications of Works" means a change to the

Works.

Section (2)

Sufficiently clear.

Section (3)

Sufficiently clear.

Article 6

Sufficiently clear.

Article 7

Sufficiently clear.

Article 8

Sufficiently clear.

-5-

Article 9

Section (1)

Point a

Sufficiently clear.

Point b

Reproduction of Works includes recording using camcorder

in a movie theater and live performance.

Point c

Sufficiently clear.

Point d

Sufficiently clear.

Point e

Sufficiently clear.

Point f

Sufficiently clear.

Point g

Sufficiently clear.

Point h

Sufficiently clear.

point i

Sufficiently clear.

Section (2)

Sufficiently clear.

Section (3)

Sufficiently clear.

Article 10

Sufficiently clear.

Article 11

Section (1)

Sufficiently clear.

Section (2)

The term "essential object" means computer software that is the

main object of a rental agreement.

-6-

Article 12

Section (1)

The term "for advertising or publicity purposes" means the

placement of a portrait including in advertisements, banners,

billboards, calendars and pamphlets for commercial use.

Section (2)

Sufficiently clear.

Article 13

The term "unless stated otherwise or authorized by the Performers or

rights holders of the performance" for example, a singer in a musical

performance may object to have his portait taken for publication,

distribution, or communication to the public by other party for

commercial use.

Article 14

The term "competent authority" in this provision means, among

others, ministries that hold government affairs in the field of

communication and information, the Corruption Eradication

Commission, or other law enforcement officials.

Article 15

Section (1)

The term "owner" in this provision means the person who

lawfully controls the Works, such as, collectors or Copyright

Holders.

Section (2)

Sufficiently clear.

Article 16

Section (1)

Sufficiently clear.

Section (2)

The term "may be transferred" means only economic rights,

whereas moral rights remain inherent to the Author. The

transfer of Copyright must be done clearly and in writing with or

without a notary deed.

-7-

Point a

Sufficiently clear.

Point b

Sufficiently clear.

Point c

Sufficiently clear.

Point d

Sufficiently clear.

Point e

Sufficiently clear.

Point f

The term "other justifiable reasons in accordance with the

provisions of laws and regulations" means, among others, a

transfer due to a court decision that is final and binding,

mergers, acquisitions, or dissolution of a company or a legal

entity where a consolidation or separation of company

assets take place.

Section (3)

Sufficiently clear.

Section (4)

Sufficiently clear.

Article 17

Sufficiently clear.

Article 18

The term "other written works" means, among others, poetry

anthology manuscript, general dictionary, and Daily public

newspapers.

The term "sold flat" means an agreement that requires the Author to

hand over his Work through a full payment by the purchaser so that

the economic rights of the Works is entirely transferred to the

purchaser without a time limit, or in the practice is known as sold

flat.

Article 19

Sufficiently clear.

-8-

Article 20

Sufficiently clear.

Article 21

Sufficiently clear.

Article 22

Point a

Sufficiently clear.

Point b

The term "distortion of Works" means the act of twisting facts or

identity of a Performer's work.

The term "mutilation of Works" means the process or act of

eliminating a part of a Performer's work.

The term "modifications of Works" means the alteration to a

Performer's work.

Article 23

Section (1)

Sufficiently clear.

Section (2)

Sufficiently clear.

Section (3)

Sufficiently clear.

Section (4)

Sufficiently clear.

Section (5)

The term "remuneration to the Author" means Royalty of which

value is standardized by the Collective Management

Organization.

Article 24

Section (1)

Sufficiently clear.

Section (2)

-9-

Point a

The term “by any manner or in any form” means, among

others, transformation of the recording from a physical

format (compact disc/video compact disc/digital video disc)

into a digital format (MPEG-1 Audio Layer 3 (mp3),

Waveform Audio Format (WAV), MPEG-1 Audio Layer 4

(mp4), or a transformation from a book into an audio book.

Point b

Sufficiently clear.

Point c

Sufficiently clear.

Point d

Sufficiently clear.

Section (3)

Sufficiently clear.

Section (4)

Sufficiently clear.

Article 25

Section (1)

Sufficiently clear.

Section (2)

Sufficiently clear.

Section (3)

The term "distribution" means the utilization of broadcasting

work which sources either from public, private, or subscription-

based Broadcasting Agency for Commercial Use.

Article 26

Sufficiently clear.

Article 27

Section (1)

Sufficiently clear.

Section (2)

Sufficiently clear.

-10-

Section (3)

The term "equitable remuneration" means remuneration that is

determined in accordance with the prevailing norms as

established by the Collective Management Organization.

Article 28

Sufficiently clear.

Article 29

Sufficiently clear.

Article 30

Sufficiently clear.

Article 31

Sufficiently clear.

Article 32

Sufficiently clear.

Article 33

Sufficiently clear.

Article 34

The term "under the direction and supervision" means under the

guidance, direction, or correction of the Person who owns the design.

Article 35

Section (1)

The term "employment of civil service institution" means the

employment relation between the State apparatus and their

institution.

Section (2)

Sufficiently clear.

Section (3)

Sufficiently clear.

-11-

Article 36

The term "under employment relation or based on commissioned"

means Works that are made on the basis of employment relation in a

private institution or on the basis of orders of other parties.

Article 37

Sufficiently clear.

Article 38

Section (1)

The term "traditional cultural expressions" means one or a

combination of the following forms of expression:

a. textual verbal, both oral and in writing, in the form of prose

or poetry, in various themes and content of the message,

which may be a literary work or an informative narrative;

b. music, including, among others, vocal, instrumental, or any

combination thereof;

c. motion, including, among others, dance;

d. theater, including, among others, puppet shows and folk

plays;

e. fine art, either in two-dimensional or three-dimensional

form made of various kinds materials such as leather,

wood, bamboo, metal, stone, ceramics, paper, textile, et

cetera or a combination thereof; and

f. traditional ceremonies.

Section (2)

Sufficiently clear.

Section (3)

The term "values that live in the custodian practicing them"

include customs, norms of customary law, customary norms,

social norms, and other noble norms upheld by the community

of origin that maintains, develops, and preserves the traditional

cultural expressions.

Section (4)

Sufficiently clear.

-12-

Article 39

Section (1)

This provision is intended to affirm the status of Copyright in

works where the Author is unknown and not yet published, for

example, in the case of a manuscript that has not been

published in the form of a book or a musical work that has not

been recorded.

Section (2)

Sufficiently clear.

Section (3)

Sufficiently clear.

Section (4)

Sufficiently clear.

Section (5)

Sufficiently clear.

Article 40

Section (1)

Point a

The term "typholographical arrangement of a published

written work " means a work that is commonly known as

"typholographical arrangement", that is the artistic aspect

in the composition and form of written work. This includes,

among other, formats, ornament, color composition and

arrangement or layout of aesthetic fonts that as a whole

presents a unique form.

Point b

Sufficiently clear.

Point c

The term "visual aids" means Works in 2 (two) or 3 (three)

dimensional form related to geography, topography,

architecture, biology, or other sciences.

Point d

The term "songs or music with or without lyrics" means as a

unity of Work as a whole.

Point e

Sufficiently clear.

-13-

Point f

The term "drawings" means, among others, motifs,

diagrams, sketches, logos, colours elements and aesthetic

fonts.

The term "collage" means an artistic composition made of

various materials, for example, fabric, paper, or wood

affixed to a sketch surface or work media.

Point g

The term "work of applied art" means a fine art work

created by applying art to a product that has an aesthetic

impression to fulfill practical needs, among others, the use

of drawings, motifs, or ornament on a product.

Point h

The term "architectural works" means, among others, the

physical form of building, building layout, construction

design drawings, technical drawings of a building, and

models or mockups of a building.

Point i

The term "maps" means a depiction of natural and/or man-

made elements that are situated above or below the earth's

surface that are depicted on a flat surface with a certain

scale, both through digital and non-digital media.

Point j

The term "batik art works" means a contemporary batik

motif that is innovative, contemporary, and not traditional.

The work is protected because it has artistic value, in

relation to the image, style, as well as color composition.

The term "other motif art work" means a motif that is the

national heritage of Indonesia found in different regions,

such as songket art, ikat motifs, tapis motifs, ulos motifs,

and other motif art that is contemporary, innovative, and

continues to be developed.

Point k

The term "photographic works" means all photographs

produced by using camera.

Point l

Sufficiently clear.

-14-

Point m

The definition of "cinematographic works" means a Work in

the form of moving images, including documentary films,

advertising films, reportage or feature films made with a

scenario, and cartoons. Cinematographic work may be

made on celluloid tape, videotape, video discs, optical discs

and/or other media that allow for screening in cinemas, on

wide screen, television, or other media. Cinematography is

an example of audiovisual form.

Point n

The term "anthologies" means a Work in the form of a book

containing a compilation of selected written works,

collection of selected songs, and composition of various

selected dances recorded on cassette, optical disc, or other

media.

The term "databases" means a compilation of data in any

form that is readable by a computer or a compilation in any

other form, which due to the selection or arrangement of

the data content amounts to an intellectual creation.

Protection for the database is granted without prejudice to

the rights of the Author whose Work is included in the

database.

The term "adaptations" means the transformation of a Work

into another form. For example, a book adapted into a film.

The term "other work resulting from transformation" means

to transform the format of a Work into another format. For

example, pop music becoming dangdut music.

Point o

Sufficiently clear.

Point p

Sufficiently clear.

Point q

Sufficiently clear.

Point r

Sufficiently clear.

Point s

Sufficiently clear.

-15-

Section (2)

Sufficiently clear.

Section (3)

Sufficiently clear.

Article 41

Point a

Sufficiently clear.

Point b

Sufficiently clear.

Point c

The term "functional needs" means the human need for a tool,

object, or a specific product that based on its shape has specific

uses and functions.

Article 42

Sufficiently clear.

Article 43

Point a

Sufficiently clear.

Point b

The term "Any Publication, Distribution, Communication,

and/or Reproduction which is conducted by or on behalf of the

government" means, for example, Publication, Distribution,

Communication, and/or any Reproduction done by or on behalf

of the government with respect to the results of research

conducted at State expenses.

Point c

The term "actual news" means news published or communicated

to the public within 3x24 (three times twenty four) hours since it

is first communicated to the public.

Point d

Sufficiently clear.

Point e

Sufficiently clear.

-16-

Article 44

Section (1)

The term "substantial part" means the most important and

distinctive part that is the hallmark of a Work.

Point a

The term "reasonable interests of the Author or the

Copyright Holder" means interests based on the balance in

taking economic benefits of a Work.

Point b

Sufficiently clear.

Point c

Sufficiently clear.

Point d

Sufficiently clear.

Section (2)

The term "facilitating access to Works" means the provision of

facilities to engage in the use, retrieval, Reproduction, format

alteration, Publication, Distribution, and/or Communication of a

Work in whole or its substantial part.

Section (3)

The term "based on considerations of technical implementation",

means, for example, changes in land area that was insufficient,

asymmetrical position, different material composition, and

changes to the architectural form due to natural factors.

Section (4)

Sufficiently clear.

Article 45

Section (1)

Users (not Copyright Holders) of Computer Programs may make

1 (one) copy or adaptation of the computer program they own

legally, for the research and development of the Computer

Program or to be used as a backup solely for their personal use.

The production of the backup copy is not considered as a

Copyright infringement.

-17-

Section (2)

The destruction of a copy or adaptation of a Computer Program

is intended to avoid unlawful use by other parties

Article 46

Sufficiently clear.

Article 47

Sufficiently clear.

Article 48

Sufficiently clear.

Article 49

Section (1)

The term "temporary acts of Reproduction" means non-

permanent addition to the quantity of a Work done by digital

media, for example the reproduction of songs or music, books,

drawings, and other work using a computer media either via

intranet or internet that is then stored temporarily in a digital

storage.

Section (2)

Sufficiently clear.

Section (3)

Sufficiently clear.

Section (4)

The term "particular characteristics" means a record that

contains documentaries, history, for state interests, or that

which has exceeded its period of legal protection.

Article 50

Sufficiently clear.

Article 51

Sufficiently clear.

-18-

Article 52

The term "technological protection measures" means any technology,

device, or component designed to prevent or restrict unautrorized

acts by the Author, the Copyright Holder, the Related Rights owners,

and/or those prohibited by laws and regulations.

Article 53

Section (1)

The term "information technology-based and/or high technology-

based means of production and/or data storage" means, among

others, optical discs, servers, cloud computing, secret codes,

passwords, barcodes, serial numbers, description, decryption

technology, and encryption that are used to protect a Work.

Section (2)

Sufficiently clear.

Article 54

Point a

The term "content" means the content of the Work result

available in any media.

The form of dissemination of content includes, among others,

uploading content over the internet.

Point b

Sufficiently clear.

Point c

Sufficiently clear.

Article 55

Section (1)

The term "Commercial Use" means in the information and

communication technology media including direct (paid)

commercial use as well as the provision of free content services

that derive economic benefits from other parties who benefit

from the use of the Copyright and/or Related Rights in question.

Section (2)

Sufficiently clear.

-19-

Section (3)

Sufficiently clear.

Section (4)

Sufficiently clear.

Article 56

Section (1)

The term "block the content and/or user’s access rights" means

2 (two) things that include, firstly, blocking the contents or sites

providing content services and, secondly, in the form of blocking

the access of users to specific sites by way of blocking the

internet protocol address or similar.

Section (2)

Sufficiently clear.

Article 57

Sufficiently clear.

Article 58

Sufficiently clear.

Article 59

Sufficiently clear.

Article 60

Sufficiently clear.

Article 61

Sufficiently clear.

Article 62

Sufficiently clear.

Article 63

Section (1)

Sufficiently clear.

-20-

Section (2)

The term "duration of economic rights protection commences

from 1 January of the year following the event" means the

provision as referred to in the TRIPs Agreement of Article 14

section (5).

For example, if a work is fixed on 30 October 2014 it

immediately obtains legal protection and a period of 50 years

commences from 1 January 2015.

Article 64

Section (1)

Sufficiently clear.

Section (2)

Recording of Works and Related Rights products is not a

requirement for the Authors, Copyright Holders or Related

Rights owners. The protection of a Work begins since the Work

exists or is manifested and not due to its recordation. It means

that a Work remains protected despite being recorded or not.

Article 65

Sufficiently clear.

Article 66

section (1)

Sufficiently clear.

Section (2)

Point a

A Work substitution or a Related Rights product

substitution is a sample of the Work or Related Rights

product that is attached because the Work or the Related

Rights product is technically impossible to be attached to

the Application, for example, a large statue that is replaced

with a miniature or a photograph.

Point b

The term "a statement of ownership" means a statement of

Copyright or Related Rights products ownership stating

that the Work or Related Rights product genuinely belongs

to the Author, Copyright holder or Related Rights owner.

-21-

Point c

Sufficiently clear.

Article 67

Sufficiently clear.

Article 68

Section (1)

Sufficiently clear.

Section (2)

The term "other intellectual property objects" means a register

contained in the mark register, the industrial design register,

and the patent register.

Section (3)

Sufficiently clear.

Section (4)

This provision is intended to provide legal certainty for the

applicant.

Article 69

Sufficiently clear.

Article 70

Sufficiently clear.

Article 71

Sufficiently clear.

Article 72

The Minister is not responsible for the content, meaning, purpose, or

the form of the Works or Related Rights products registered.

Article 73

Sufficiently clear.

Article 74

Sufficiently clear.

-22-

Article 75

Sufficiently clear.

Article 76

Sufficiently clear.

Article 77

Sufficiently clear.

Article 78

Sufficiently clear.

Article 79

Sufficiently clear.

Article 80

Section (1)

Sufficiently clear.

Section (2)

Sufficiently clear.

Section (3)

Sufficiently clear.

Section (4)

Sufficiently clear.

Section (5)

Calculation and imposition of the Royalty amount need to

consider elements that are the basis for calculating the Royalty

amount, for example, the number of seats, number of rooms,

room area, number of exemplars copied, in accordance with best

practices.

Article 81

Sufficiently clear.

Article 82

Section (1)

Sufficiently clear.

-23-

Section (2)

The term "provisions of laws and regulations" means the Code of

Civil Law and the Law governing the prohibition of monopolistic

practices and unfair competition. These provisions are intended

to protect Authors, Copyright Holders or Related Rights owners.

Section (3)

Sufficiently clear.

Article 83

Sufficiently clear.

Article 84

Sufficiently clear.

Article 85

Sufficiently clear.

Article 86

Sufficiently clear.

Article 87

Section (1)

Sufficiently clear.

Section (2)

Sufficiently clear.

Section (3)

Sufficiently clear.

Section (4)

The term "use of Works and/or Related Rights products" means

Reproduction for the fair interests of users and Publication.

For example, digital reproduction of songs and/or music for the

interests of karaoke bar, or the provision of songs and/or music

on means of transportation.

Article 88

Sufficiently clear.

-24-

Article 89

Section (1)

point a

Sufficiently clear.

point b

The term "Related Rights owner in the field of songs and/or

music" means Performers and Producers.

Section (2)

Sufficiently clear.

Section (3)

Sufficiently clear.

Section (4)

Sufficiently clear.

Article 90

Sufficiently clear.

Article 91

Sufficiently clear.

Article 92

Sufficiently clear.

Article 93

Sufficiently clear.

Article 94

Sufficiently clear.

Article 95

Section (1)

Forms of dispute related to Copyright includes disputes in the

form of tort, License agreements, disputes regarding tariffs and

collecting remuneration or Royalties.

The term "alternative dispute resolution" means the process of

settling dispute by way of mediation, negotiation or conciliation.

-25-

Section (2)

Sufficiently clear.

Section (3)

Sufficiently clear.

Section (4)

Sufficiently clear.

Article 96

Sufficiently clear.

Article 97

Sufficiently clear.

Article 98

Sufficiently clear.

Article 99

Sufficiently clear.

Article 100

Sufficiently clear.

Article 101

Sufficiently clear.

Article 102

Section (1)

The term "only to an appeal to the Supreme Court" means there is

no legal remedies of an appeal.

Section (2)

Sufficiently clear.

Section (3)

Sufficiently clear.

Section (4)

Sufficiently clear.

Section (5)

Sufficiently clear.

-26-

Article 103

Sufficiently clear.

Article 104

Sufficiently clear.

Article 105

Sufficiently clear.

Article 106

Point a

Sufficiently clear.

Point b

Sufficiently clear.

Point c

Sufficiently clear.

Point d

This provision is intended to prevent greater damages to the party

of which rights are infringed; therefore, the judge of the

Commercial Court is authorized to issue an interlocutory

injunction to prevent the continued infringement and the

introduction of products allegedly infringing Copyright and

Related Rights into the trade channels, including exports and

imports.

Article 107

Sufficiently clear.

Article 108

Sufficiently clear.

Article 109

Sufficiently clear.

Article 110

Sufficiently clear.

-27-

Article 111

Sufficiently clear.

Article 112

Sufficiently clear.

Article 113

Sufficiently clear.

Article 114

Sufficiently clear.

Article 115

Sufficiently clear.

Article 116

Sufficiently clear.

Article 117

Sufficiently clear.

Article 118

Sufficiently clear.

Article 119

Sufficiently clear.

Article 120

Sufficiently clear.

Article 121

Sufficiently clear.

Article 122

Sufficiently clear.

Article 123

Sufficiently clear.

-28-

Article 124

Sufficiently clear.

Article 125

Sufficiently clear.

Article 126

Sufficiently clear.

SUPPLEMENT TO THE STATE GAZETTE OF THE REPUBLIC OF INDONESIA

NUMBER 5599