Indonesia has the New Copyright Law

The Indonesian House of Representatives passed the bill on Copyrights (Tuesday, September 16, 2014).

Priyo Budi Santoso, Vice Chairman of Indonesian Parliament said that all of the Indonesian Parliament member have approved the new Copyright Law.

Amir Syamsuddin, Ministry for Law and Human Rights of Indonesia, said that this amendment aims to protect the Economy Rights and the Moral Rights of author and Related Rights Owner. Moreover, this amendment aims to promote creative economy in Indonesia in order to increase economic growth and to improve public welfare.[1]

Didi Irawadi Syamsuddin, head of special committee for Copyright amendment, said “Indonesia has a lot of ethnic groups and rich in culture. It’s important to protect the copyright in Indonesia in a better way. For example, to protect the copyright of Movies, Music and Software”.[2][3]

Amir Syamsuddin said that this amendment is expected to increase the royalty incomes from Books, Music and Movies.

There are several amendment pertaining to the new Copyright Law in Indonesia as follows :

  • The new Copyright Law will consist of 19 Chapters and 126 Articles.
  • According to Article 58 (1) of the new Copyright Law, the protection of economic right is extended from 50 years after the creator’s death to be 70 years after the creator’s death.
  • According to Article 57 (1) of the new Copyright Law, the protection of moral rights is unlimited.
  • According to Article 16 (3) of Copyright Law, Copyright is intangible moving objects and can be used as collateral fiduciary.
  • According to Article 69 of of the new Copyright Law, there will be one national collective management organizations (CMO) to collect and manage the royalty of Copyright owners.
  • Better protection of the economic rights of the creators and/or owners of related rights, including limiting the transfer of economic rights in the form true sale (sold flat).
  • Copyright which are owned or held by a legal body, shall be valid for 50 (fifty) years as from the first publication.
  • Indonesian Government will prohibit Mall’s Owner selling counterfeit goods.
  • Ministry of Law and Human Rights will be given the authority for revoking Registered Copyright Application which violates religion’s norms, moral’s norms, public order, defense and state security and provisions of Copyright Legislation.
  • There are Economic Rights of photo, transfer of Economic Rights, economic rights of performers, moral rights of performers, Economic Rights of phonogram producers, broadcasters, and restriction of protection.
  • The new Copyright Law will regulate : dispute resolution, provisional decision, investigation and criminal provisions.
  • Criminal Copyright infringement now requires a formal complaint from the authorized/ the holder of the rights.
  • There are regulation about traditional cultural expressions, data compilations and video games.
  • Ministry of Information of Indonesia has authority to block website that containing the material of copyright infringement.
References
  1. http://nasional.kompas.com/read/2014/09/16/23064811/UU.Hak.Cipta.Disahkan.untuk.Dorong.Industri.Kreatif.Semakin.Berkembang ^
  2. http://www.tribunnews.com/nasional/2014/09/16/sahkan-ruu-hak-cipta ^
  3. http://www.hukumonline.com/klinik/detail/lt54192d63ee29a/ini-hal-baru-yang-diatur-di-uu-hak-cipta-pengganti-uu-no-19-tahun-2002
    www.lexology.com : New Indonesian Copyright law provisions ^

No comments yet.

Be the first to comment by using the form below.

Add comment