DIFFERENCES BETWEEN THE OLD AND NEW INDONESIA’S COPYRIGHT LAWS
The new copyright law includes several additional aspects, which were not present in the previous law. For example, Regulation Number 19 Year 2002 did not acknowledge the use of copyrights, trademarks, and other intellectual properties as fiduciary warranties.
The new copyright law also acknowledges the “moral rights”, which include the rights of a creator to use either his/her real or alias name, and keep the ownership of the intellectual property when it is distorted, changed, modified, or anything that may threaten his/her reputation. The moral rights also allow a creator to change his or her works within the copyright period.
The 70-year legal protection for IP Indonesia only applies to several objects, which are:
- Books, pamphlets, and other written works
- Any objects or materials used for educational purposes
- Lectures, speeches, and other similar works
- Stage plays, musical dramas, dances, operas, choreographies, shadow puppets, mimes, and other performance works
- Songs and music, with or without lyrics
- Architectural works and designs
- All types of fine arts, such as paintings, drawings, statues, and engravings
- Batik, ikat, calligraphy, and other motif arts
Meanwhile, there are works that only get 50-year legal protections after their first launch. Afterward, their status becomes public domain, and people are free to adapt or modify them. They are:
- Photos and other photography-related arts
- Works of cinematography
- Video games
- Computer programs and software
- Works that are the results of transformations, such as adaptations, translations, anthologies, database, modifications, and interpretations from original works
- Any compilations of creations or data that can be read using computers or other tools
- Any translations, modifications, or adaptations of traditional cultures
- Compilations of expressions based on traditional cultures, if they are original works
The new law also deals with marketplaces, something that was not considered within the scope of the previous regulations. Since marketplaces have tremendous roles in distributing pirated works of art, the new law will take the managers/owners of the places into account, if there are pirated or fake products sold there. The managers or owners whose marketplaces sell pirated stuff can face fine as large as IDR100,000,000.
Finally, the new law also sees the forming of Collective Management Association (Lembaga Manajemen Kolektif), a nonprofit institution that helps creators to manage their royalties and other aspects of IP in indonesia.
DEALING WITH COPYRIGHT INFRINGEMENT IN INDONESIA
When a creator feels that his or her creation is pirated or used without permissions, he or she can take actions based on the formal procedures. Since Indonesia’s new copyright law recognizes several solutions, a creator must consult with a lawyer and take the best actions based on the severity of the case.
Here is how to report copyright infringement in Indonesia:
- Reporting to the Court of Commerce
In Indonesia, any cases related to alleged violations toward intellectual property rights are mostly handled at the Court of Commerce (Pengadilan Niaga). The client, together with his/her legal advisor, should register their case with the court official or registrar. The client needs to fill a special form, and the registrar will sign it. The client then will get the receipt that needs to be kept.
- Reviewing the case
During the waiting period, the registrar will report the application to the head of the court. It is done within at least two days after the date of the case registration. The head of the court will review the case application and determine the date of the court session. The process takes at least three days after the case is reported.
- Receiving the court session schedule
The client and his/her lawyer will receive notifications about the first schedule of the court session. The formal notification will be issued within at least seven days after the date of registration.
- Following the court sessions
Depending on the severity of the case, the client may need to come to the court repeatedly. The Court of Commerce has obligations to release the verdict within 90 days after the first registration date of the case. However, if the verdict is not reached after 90 days have passed, the court may extend the session for another 30 days.
- Payment for losses
If the verdict favors the client, the person who is reported may need to pay certain amounts of money to cover the client’s losses. The money should be paid within six months after the official verdict is released.
Usually, when it comes to IP indonesia-related disputes, the involved individuals or groups may be advised to settle through mediations first, before registering their cases in the Court of Commerce. On the contrary, when the court sessions do not end in satisfying verdicts, the client may appeal to higher courts. However, the client must appeal within 14 days after the verdict date.