COPYRIGHTS

Copyrights shall be the exclusive right of a creator or right recipient to announce or reproduce his/her creation or give a licenses to that effect without reducing restriction within the framework of the existing laws and regulations.

PROVISIONAL COURT STIPULATION

Law No. 19/2002 dated July 29, 2002 article 67 on Copyright and the Amendment thereof, i.e.  
Upon the request of the party whose interests are adversely affected, a Commercial Court can issue an immediate decision which effective to:

1. prevent further violation of a copyright, particularly the entry of goods believed to have violated a copyright or related right into the trade chain, including the import of the goods;
2. keep evidence of violation of a copyright or related right to prevent the disappearance of evidentiary materials;
3. as the party interests  are adversely affected to  provide evidence that the party is really entitled to a copyright or related right, and the rights of the applicant are really being violated.

PROTECTED CREATIONS

1. Protected creations referred to in this Law shall be those in the fields of science, art, and literature covering:
   
   1. book, computer programs, pamphlets, scientific paper’s layout and all other scientific papers;
      
   2. speech, lecture, address, and the like
      
   3. audio visual made for the purpose of education and science;
      
   4. song or music with or without text;
      
   5. drama or musical drama, dance, choreography, puppet show, and pantomime;
      
   6. fine arts in any form, such as painting, drawing, carving, calligraphy, sculpture, collage and applied arts;
      
   7. architecture;
      
   8. map;
      
   9. batik art;
      
   10. photography;
       
   11. cinematography;
       
   12. translation, interpretation, adaptation, anthology, data base, and other works     as a result of transformation.
2. The creations as referred to in letter 1 shall be protected as separate creations without reducing copyright on original creations.
   
3. The protection as referred to in paragraph (1) and paragraph (2) shall include that of all creations which are not or have not been published but have already formed a real unit making it possible for the reproduction of the works.

It is true that Indonesia is at  present is not yet a member of the International Convention relating to Copyrights, be it the Berne Convention or the Universal Copyright Convention (U.C.C), however, Indonesia has copyright relationship with several European countries, for the protection of voice recordings, and with the U.S.A., for all kinds of creative work.

Meanwhile the requirements for applications to secure a Copyright are as follows:

1. Filling a Copyright Registration Form in duplicate (the form are available at the office of the Directorate for Copyrights), the first page whereof to be signed across a Rp.6.000.00,- duty stamp;
2. A proof of the creator’s and the holder of the copy right’s citizenship should be attached, in the form of  a photocopy of a Citizenship Identity Card, or a passport;
3. A power of attorney, in the event that the application is submitted by an attorney, together with a document proving the nationality of the attorney in question should be attached;
4. A sample of the work to be copyrighted  or a substitute thereof, together with a description of the work;
5. Payment for the application for registration
6. Kind and title of the creation.
7. Date and place of the first publication of the copyrights.

The duration of the Copyright can be categorized as follows:

1. Copyright on such creations as:
   1. computer
   2. cinematography;
   3. photography;
   4. database; and
   5. works as a result of transformation, shall be valid for 50 (fifty) years after they are for the first time announces
2. Copyright on the layout of the published scientific paper shall be valid for 50 (fifty) years after they are for the first
3. Copyrights on the creation as referred to in paragraph (1) and paragraph (2) of this article as well as Article 29, paragraph (1) owned or held  by a corporate body shall be valid for 50  (fifty) after they are for the first time announced.

CRIMINAL PROVISIONS

1. Anybody who deliberately and unrightfully referred to in Article 2, paragraph (1) shall be sentenced to a minimum of 1 (one) month in jail each and/or be fined a minimum of Rp.1.000,000,00 (one million rupiahs), or be sentenced to a maximum of 7 (seven) years in jail and/or be fined a maximum of Rp.5.000.000.000 (five billion rupiahs).
2. Anybody who deliberately broadcasts, displays, circulates, sells to the public a creation or items resulting from violation of a copyright or related right as referred to in paragraph (1) shall be sentenced to maximum of 5 (five) years in jail and/or be fined a minimum of Rp.500,000,00 (five hundred million rupiahs).