all forms or art, such as paintings, drawings (including motives, diagrams, logos), engravings, calligraphy, carvings, sculptures, collage, and applied arts;
architecture includes among others arts of building drawing, art of miniature drawings, and arts of model buildings;
cinematographic works including documentary movies, advertisements, reporting, or narrative movies that created with scenarios, and cartoon movies;
translations, interpretations, adaptations, anthologies, data-base and other works as a result of changing of form of mode.
What rights does copyright provide?
Copyright is an exclusive right for an author, or the recipient of the right, topublish or reproduce his creative work or to grant permissionfor said purposes, without decreasing the limits according to the prevailing laws and regulations.
Publication means the reading, broadcasting, exhibition, sale, distribution or dissemination of work, by utilizing whatever means including the internet, or by any manner so that such work is capable of being read, heard or seen by any other person.
Reproduction means to increase the number of a work, either as a whole or its substantial parts using either the same or different material, including the changing of the form or mode of a work permanently or temporarily.
Anybody doing any of the above without permission or licence is infringing copyright.
Author vs. Copyright Holder
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.
Why Register When Protection Is Automatic
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.
International protection of copyright and related rights
Indonesia has ratified The Berne Convention for the Protection of Artistic and Literary Works (The Berne Convention) with the enactment of the Presidential Decree Number 18 of 1997. This treaty requires each country to provide “national treatment” to citizens of other member countries. Thus, works originating in Indonesia (that is, works the author of which is a citizen of the Republic of Indonesia or works which were first published in Indonesia) must be given the same protection in each of the other member countries of The Berne Convention as the latter grants to the works of its own citizens. According to the Berne Convention for the Protection of Literary and Artistic Works, literary and artistic works are protected without any formalities in the countries party to that Convention. Thus, WIPO does not offer any kind of copyright registration system. A created work is considered protected by copyright as soon as it exists.
The Berne Convention has been signed by over 150 countries. We have a network of foreign associates around the world who are available to assist our clients protect and enforce their copyrights abroad. List of member countries can be accessed from the World Intellectual Property Organization: http://www.wipo.int/treaties/en/ip/%20berne/trtdocs_wo001.html
Other international treaties on copyright
Besides the Berne convention, Indonesia has also ratified the following international treaties/conventions on Copyright:
The World Intellectual Property Organization Copyrights Treaty (WCT) with the enactment of the Presidential Decree Number 19 of 1997, deals with protection for authors of literary and artistic works, such as writings and computer programs; original databases; musical works; audiovisual works; works of fine art and photographs; and
The World Intellectual Property Organization Performances and Phonograms Treaty (WPPT) with the enactment of the Presidential Decree Number 74 of 2004, protects certain rights related to copyright i.e. rights of performers and producers of phonograms.