Understand the definition of copyright, its legal basis, duration, and how to register it to legally protect your creations.
Definition of Copyright
Copyright is an exclusive right granted to the creator or copyright holder of a work in the fields of science, art, and literature. This right arises automatically once the work is expressed in a tangible form, without the need for prior registration. However, registration is still recommended to strengthen legal evidence in case of disputes.
Legal Basis for Copyright in Indonesia
Copyright in Indonesia is governed by Law No. 28 of 2014 on Copyright. This law clarifies the protection of creative works and the penalties for violations. Additionally, Indonesia is a member of WIPO (World Intellectual Property Organization), which provides international protection for registered works.
Purpose of Copyright Protection
- Provides legal recognition to creators for their works.
- Ensures exclusive control over the use, reproduction, and distribution of the work.
- Protects creators from plagiarism and illegal exploitation.
- Encourages the public to innovate and create creatively.
- Offers economic benefits through licensing and royalties.
Copyright Duration
Copyright has different durations depending on the type of work:
- Creative works (books, music, paintings, films, etc.): Valid for the creator’s lifetime + 70 years after the creator’s death.
- Related rights (e.g., rights of record producers, broadcasters): Generally valid for 50 years from the date of publication.
Source: Law No. 28 of 2014, Articles 58 and 59
Copyright Infringement (Case Example)
Copyright infringement occurs when someone uses, copies, or distributes another person’s work without permission.
Example:
An individual downloads and resells an Indonesian author’s e-book without permission on an online marketplace. This action violates copyright law and may result in criminal penalties and fines of up to IDR 500 million or imprisonment of up to 10 years.
Copyright Registration
Although copyright is granted automatically, official registration is highly recommended as legal proof of ownership. Here are the steps to register copyright in Indonesia:
- Visit the DJKI website: https://dgip.go.id
- Create an account on e-HakCipta.
- Fill out the registration form and upload the required documents:
- Creator/owner’s ID (KTP)
- Sample of the work
- Statement of originality
- Proof of payment
- Make the administrative payment.
- Wait for the formal examination process.
- The Copyright Certificate will be issued if approved.
Registration fees vary by category and the process is now 100% online.
Copyright is a legal shield for creators to protect their intellectual works from misuse. With a long validity period and significant legal benefits, every creator is strongly encouraged to register their works with DJKI. Don’t wait until your work is plagiarized — protect it now, legally.
If you need assistance with copyright registration, don’t hesitate to contact vOffice’s copyright and trademark registration services.
