Copyright infringement is a serious legal issue, especially in today’s digital age. When a work is used without the creator’s permission, it not only causes financial harm but also violates the creator’s moral rights. This article will thoroughly explain the legal basis of copyright, which works are protected and unprotected, examples of violations, and the maximum penalties that may be imposed.
Read Also: What is Copyright – A Complete Guide to Protecting Your Work
Legal Basis of Copyright in Indonesia
Copyright is governed by Law Number 28 of 2014 on Copyright. This law states that copyright is an exclusive right owned by the creator or copyright holder to publish or reproduce their work, subject to legal limitations.
Copyright arises automatically once a work is created in a tangible form, without the need for registration.
Works Protected by Copyright
The following types of works are protected under Article 40 of the Copyright Law:
- Written works (books, articles, short stories, theses)
- Music and songs (with or without lyrics)
- Computer programs
- Photography and cinematography (films, videos)
- Visual art (paintings, sculptures, graphic designs)
- Architectural works
- Maps and batik artwork
Read Also: 7 Purposes of Copyright: Complete Protection & Benefits
Works Not Protected by Copyright
Not everything can be claimed as a copyrighted work. The following items are not protected by copyright:
- Public meetings or official speeches by state officials
- Laws and regulations, court decisions
- News or public information
- Educational tools that lack originality
This means that public or non-original works cannot be subject to copyright protection.
Examples of Copyright Infringement
Here are some common examples of copyright infringement:
- Reproducing and selling books without permission
- Uploading songs or films to online platforms without authorization
- Selling pirated software
- Using someone else’s graphic design for commercial purposes without permission
- Copying blog or article content for republishing without citing the source or obtaining consent
Maximum Penalties for Copyright Infringement
Copyright violations carry severe penalties under Law No. 28 of 2014:
- Imprisonment: Up to 10 years
- Financial Penalty: Up to IDR 4,000,000,000 (four billion rupiah)
These heavy penalties are intended to serve as a deterrent and to better protect creators’ rights amid the rise of digital infringements.
If you need assistance with copyright registration, don’t hesitate to contact vOffice’s copyright and trademark registration services.
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FAQ on Copyright Infringement
Do I need to register my work to get protection?
No. Copyright automatically applies once a work is physically created.
What should I do if my work is stolen?
You can report it to the Directorate General of Intellectual Property or take civil/criminal legal action.
Can quoting someone else’s work be a copyright violation?
If it is within reasonable limits and properly credited, it is allowed in educational or critical contexts.
