Law of the Republic of Indonesia Number 28 of 2014 on Copyrights/Elucidation

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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

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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:
  1. 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.
  2. 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).
  3. Effective dispute resolution through mediation, arbitration or the courts, as well as the application of a complaint offense for criminal prosecution.
  4. 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.
  5. Copyrights as a movable intangible objects that may be used as an object collateral of fiducia.
  6. 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.
  7. Authors, Copyright Holders, Related Rights owners who become members of Collective Management Organization in order to be able to draw remuneration or Royalties.
  8. Authors and/or Related Rights owners who receive Royalties for Works or Related Rights products produced in service relations and used commercially.
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  1. 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.
  2. 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
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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.
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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.
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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.
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Article 124

Sufficiently clear.

Article 125

Sufficiently clear.

Article 126

Sufficiently clear.

SUPPLEMENT TO THE STATE GAZETTE OF THE REPUBLIC OF INDONESIA NUMBER 5599

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