Law 28 of 2014 about copyright in Indonesia

Copyright in Law Number 28 of 2014 concerning Copyright is the exclusive right of a creator that arises automatically based on the declarative principle after a work is manifested in a tangible form without reducing restrictions in accordance with the provisions of laws and regulations. Indonesia has experienced many changes in Copyright Law.

Since Law Number 6 of 1982 concerning Copyright, Law Number 7 of 1987 concerning Amendments to Law 6 of 1982 concerning Copyright, Law Number 12 of 1987 concerning Amendments to Law Number 6 of 1982 concerning Copyright as amended by Law Number 7 of 1987 concerning Amendments to Law 6 of 1982 concerning Copyright, was later repealed and amended by Law Number 19 of 1982 concerning Copyright, and the latest to date is Law Number 28 of 2014 about Copyright.

Law Number 28 of 2014 about Copyright generally regulates:

    Copyright protection against copyright infringement indonesia is carried out with a longer period of time in line with the application of regulations in various countries so that the period of copyright protection in certain fields is enforced for the life of the creator plus 70 (seventy) years after the author dies.

    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 flats.

    Effective dispute resolution through mediation, arbitration, or court processes, as well as the application of complaint offenses for criminal charges.

    The manager of the trading place is responsible for the place of sale and/or infringement of copyright and/or Related Rights in the shopping center it manages.

    Copyright as an intangible movable object can be used as an object of fiduciary security.

    The Minister is given the authority to delete a work that has been registered if the work violates religious norms, moral norms, public order, state defense, and security, as well as the provisions of laws and regulations.

    Creators, Copyright Holders, Related Rights owners become members of the Collective Management Institute so that they can collect rewards or Royalties.

    Creators and / or Related Rights owners receive Royalties for Works or Related Rights products made in official relations and used commercially.

    Collective Management Institutions that function to collect and manage the economic rights of Authors and Related Rights owners are required to apply for an operational permit to the Minister.

    Use of Copyright and Related Rights in multimedia facilities to respond to developments in information and communication technology.

At the international level, Indonesia has participated as a member of the Agreement Establishing the World Trade Organization which includes Trade-Related Aspects of Intellectual Property Rights (Agreement on Trade 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 No. 18/1997 and the World Intellectual Property Organization Copyright Treaty (WIPO Copyright Agreement), hereinafter referred to as WCT. , through Presidential Decree No. 19/1997, as well as the World Intellectual Property Organization Performances and Phonograms Treaty (WIPO Performance Works and Phonogram Works Agreement), hereinafter referred to as WPPT, through Presidential Decree No. 74/2004.

The replacement of Law Number 19 of 2002 concerning Copyright with Law Number 28 of 2014 concerning Copyright infringement Indonesia is carried out by prioritizing national interests and paying attention to the balance between the interests of the Creator, Copyright Holder, or Related Rights owner, with the community as well as paying attention to the provisions of the agreement in the field of Copyright and Related Rights.

Law Number 28 of 2014 concerning Copyright was passed by President Dr. H. Susilo Bambang Yudhoyono on October 16, 2014. Law 28/2014 on Copyright was enacted by Menkumham Amir Syamsudin on October 16, 2014, and placed in the State Gazette of the Republic of Indonesia Year 2014 Number 266. The explanation of Law 28/2014 on Copyright is placed in Supplement State Gazette of the Republic of Indonesia Number 5599.

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