According to our Copyright Law No.28/2014, Author means a person or several persons who individually or jointly produce works that are unique and personal, while Copyright Holder means:
Author(s) as the Copyright owner;
the party acquiring a lawful right from the Author(s); OR
other parties who acquire subsequent rights from the party who acquired lawful rights from the Author(s).
Who is regarded as the “Author”:
Unless proven otherwise, the one to be considered as the Author is the Person whose name: a. is stated in the work; b. is stated as the Author of the work; c. is stated in the copyright certificate; and/or d. is listed in the general register of copyright as the Author.
As a member of the Berne Convention, Indonesia must automatically protect copyrightable work and does not require the copyright owner to register the work as a necessary step for protection.
However, even though copyright protection automatically given, and copyright registration is not required to protect a published work, there are significant benefits for you to obtain copyright registration for your creative work.
The main reason why you should register a copyrighted work is that the Certificate of Registration serves as prima facie evidence that the work is original and is owned by you. Copyright registration creates prima facie evidence that the copyright is valid and that the stated facts are true. Prima facie means that the evidence is sufficient to establish a fact in question. This can reduce the burden of proof for the copyright owner. It is necessary to prove the copyrightability, the creation date, and the authorship of the work when enforcement actions are taken.
The registration of a copyrighted work also creates a public record of your right to restrict others from using the copyrighted material without permission. A public record will also help others identify you as the copyright owner.
