CHAPTER I: GENERAL PROVISIONS
Part One: Meaning of Several Terms
Article 1
1. Author means a person or some persons jointly upon whose inspiration a work is produced, based on intellectual ability, imagination, dexterity, skill or expertise manifested in a distinctive form and is of a personal nature.
2. Work means any result of an Author's work in any distinctive form whatsoever which shows originality in the field of science, arts and literature.
3. Copyrights Holder means the author as proprietor of the copyright, or any person who receives the right from the Author, or any other person who subsequently receives the right from the aforesaid person.
4. Publication means the reading, voicing, broadcasting, or distribution of a work, by utilising whatever means and in such manner that such work is capable of being read, heard or seen by any other person.
5. Reproduction means to increase the number of a work, by making the same, closely similar or resemble work using either the same or different materials, including to change the form or mode of a work.
6. Portrait means any picture taken by whatever means and with whatsoever equipment portraying the face of a person together with or without other parts of the body.
7. Computer program means a program which is specially created to enable a computer to carry out certain functions.
8. Performer means an actor/actress, singer, musician, dancer or a person who performs, acts, shows, sings, communicates, recites, or plays a music composition, drama, dance, literary work or other kinds of artistic works.
9. Producer of phonogram means a person or legal corporate body that in the first time records or has the initiative to finance the activity of recording voice or sound of a performance as well as other kinds of voice or sound.
10. Broadcasting organisation means an organisation which runs broadcasting, either a Government Broadcasting Agency or Private Broadcasting Agency being a legal body that broadcasts a broadcasting work through wire or wireless transmissions or other electronic systems.
11. Copyright Office means an organisation within the Department which undertakes the tasks and assignment in the field of copyrights.
Part Two: Function and Nature of Copyrights
Article 2
(1) Copyright means an exclusive right of an author or a recipient of the right to publish or reproduce a work, or to give permission therefore without prejudice to restrictions pursuant to the prevailing laws and regulations.
(2) An author and or a recipient of a copyright on cinematographic work or computer program shall have the right to give permission or to prevent another person whom without his approval rents out the work concerned for commercial purposes.
(3) Provisions concerning the right to give permission or to prevent the rental referred to in paragraph (2) shall also apply to the producer of phonogram.
Article 3
(1) A copyright shall be deemed to be a movable good.
(2) A copyright may move or be transferred either in whole or in part by:
a. inheritance;
b. donation;
c. testaments;
d. expropriation;
e. agreement, which must be made in a written deed, provided that the agreement only concerns the authority stated in the deed.
Article 4
A copyright that is owned by the author, and likewise a copyright that has not been published which after the death of its author becomes the property of his heirs or legates, may not be confiscated.
Part Three: Author
Article 5
(1) Unless proven otherwise, the person deemed to be the author is:
a. the person whose name is registered in the General Register of Works and the official announcement of registration referred to in Article 29.
b. the person whose name is mentioned in a work or announced as the author of a work.
(2) Unless proven otherwise, the person giving a lecture shall be deemed to be the author of a lecturer that is not written and for which there is no notification of the identity of the author.
Article 6
If a work consists of several separate parts that were created by two or more persons, the author shall be deemed to be the person who led and supervised the completion of the entire work, or if there is no such person, the person who compiled it, without prejudice to individual copyrights to parts of the work.
Article 7
If a work designed by someone is realised and worked out by other persons under his guidance and supervision, the author shall be the person who designed the work.
Article 8
(1) If a work is made within an official service for another person in the scope of employment, the other party for whom and whose service the work was made, within that other party's official scope of authority, shall be the copyright holder, unless there has been another arrangement between the two parties, without prejudice to the right of the maker as the author if the use of the work is expanded beyond the official service.
(1a) The provision referred to in paragraph (1) shall also apply to a work made by another party based on an order which is carried out within an official relationship.
(2) If a work is made within the scope of employment or based on an order, a party who makes such a work shall be deemed as the author and the copyright holder, unless otherwise agreed by the two parties.
Article 9
If a legal entity announces that a work has originated from it without mentioning a person as the author, then the legal entity shall be deemed to be the author, unless proven otherwise.
Part Four: Copyright to Works of Unknown Authors
Article 10
(1) The State shall hold the copyright for works from prehistoric remains, historical and other national cultural objects.
(2)
a. Works of popular culture which are commonly owned, such as stories, legends, folk tales, epics, songs, handicrafts, choreography, dances, and other artistic works shall be maintained and protected by the State.
b. The State shall hold the copyright to works referred to in paragraph (2)a outside the country.
(3) Further provisions on copyrights held by the State referred to in this Article shall be regulated further in a Government Regulation.
Article 10A
(1) If the author of a work is unknown and the work has not been published, the State shall hold the copyright on such a work for the sake of the author.
(2) If a work has been published and the author of which is unknown or the name printed on such work is only a pseudonym, the publisher shall hold the copyright on the work for the sake of the author.
Part Five: Works Protected under Copyright
Article 11
(1) In this Act, a protected work shall be the work in the field of science, arts and literature which includes:
a. books, computer programs, pamphlets, typographical arrangement of published works, and all other written works;
b. sermons, lecturers, addresses and other works of utterance;
c. visual aid made for educational and scientific purpose;
d. songs or music with or without lyrics, including arts of karawitan and phonograms;
e. dramatic works, dances (choreographic works), puppet shows, pantomimes;
f. performances;
g. broadcasting works;
h. all forms of art, such as paintings, drawings, engravings, calligraphy, carvings, sculptures, collage, applied arts in the form of handy-crafting;
i. architecture;
j. maps;
k. batik art;
l. photography;
m. cinematographic works;
n. translations, interpretations, adaptations, anthologies, and other works as a result of changing of form of mode.
(2) Works referred to in paragraph (1) letter n are protected as a work of its own without prejudice to the copyright over the original work.
(3) The protection referred to in paragraphs (1) and (2) shall include any work that is not or has not yet been published, but which has already been in an obvious form which would enable its reproduction.
Article 12
There shall be no copyright to:
a. any result of open meetings of the Highest State Institutions and High State Institutions and other constitutional institution;
b. laws and regulations;
c. court decisions and judicial orders;
d. state addresses and government official speeches;
e. awards of arbitration boards.
Part Six: Copyright Restrictions
Article 13
There shall be no infringement of copyright for:
a. publication and reproduction of the symbol of the State and the national anthem in accordance with their original nature;
b. publication and reproduction of anything which is published by or on behalf of the Government, except if the copyright is declared to be protected by law or regulation or by a statement on the work itself or at the time the work is published;
c. repetition, either in whole or in part, of news from a news agency, radio or television broadcaster, and newspaper not less than 1 x 24 (one times twenty four) hours counted from the initial publication of such news, and the source thereof shall be fully cited.
Article 14
Provided that the sources are fully cited, the following shall not be deemed as copyright infringement:
a. the use of a work of another party for the purpose of education, research, scientific thesis, report writing, criticising or reviewing an issue, provided that it does not prejudice the normal interest of the author;
b. the excerpt of a work of another party, in whole or in part, for the purposes of advocacy within or outside the court;
c. the excerpt of a work of another party, in whole or in part, for the purposes of:
1. lecturers of which the purpose is solely for education and science;
2. free-of-charge exhibitions or performances, provided that it does not prejudice the normal interests of the author.
d. reproduction of scientific, artistic and literary works in Braille for the purposes of the blind, unless such reproduction is of a commercial purpose;
e. limited reproduction of a work other than computer program, in any manner, by using any means whatsoever or by employing a similar process, which is done by a public library, scientific or educational institution and documentation centre of non-commercial nature, solely for the purpose of conducting their activities;
f. modification of any architectural works, such as building construction, based on consideration of technical implementation;
g. making of a back-up copy of a computer program by the owner of the computer solely for his own use.
Article 15
(1) In the interest of education, science and research and development activities, a work that is protected by copyright and within 3 (three) years of its publication has not been translated into Indonesian language or reproduced in the territory of the Republic of Indonesia, the Government after hearing the considerations of the Copyright Council may:
a. obligate the Copyright Holder to himself carry out the translation and or reproduction of such work in the territory of the Republic of Indonesia within a stipulated period of time;
b. obligate the Copyright Holder concerned to grant a license to other persons to translate and or to reproduce such work in the territory of the Republic of Indonesia within a stipulated period of time, where the Copyright Holder concerned does not himself carry out the obligations referred to in letter a;
c. itself carry out the translation and or reproduction of such work, where the Copyright Holder does not carry out the obligations referred to in letter b.
(2) The implementation of the provisions as paragraph (1) letter b and letter c shall be accompanied by the granting of a fee the amount of which shall be stipulated by the Government.
(3) Further implementation of the provisions of paragraphs (1) and (2) shall be regulated in a Government Regulation.
Article 16
The Government, after hearing the considerations of the Copyright Council, may prohibit the publication of any work which is contrary to government policy in the field of defence and state security, morals and public order.
Article 17
(1) The publication of a work by a radio or television broadcast conducted by the Government in the national interest may be carried out without need of prior permission from the Copyright Holder, provided that reasonable compensation is given to the Copyright Holder.
(2) The radio or television broadcasting station competent to publish the work referred to in paragraph (1) shall have the authority to preserve the work by using its own equipment and solely for its own radio or television broadcast, provided that for subsequent broadcasts said station shall give reasonable compensation to the Copyright Holder concerned.
Article 18
(1) The holder of a copyright to the portrait of a person must obtain the prior permission of the person portrayed to reproduce or to publish his work, or the permission of that person's heirs during the period of 10 (ten) years after the death of the person portrayed.
(2) If a portrait contains two or more persons, the copyright holder must obtain the permission of each person in the portrait to reproduce or to publish each one portrayed, if the publication or reproduction also contains other people in the portrait, or the permission of each such person's heirs during the period of 10 (ten) years after the death of the person portrayed.
(3) This Article shall only be applicable to a portrait made:
a. at the request of the person portrayed;
b. upon a request made on behalf of the person portrayed;
c. in the interest of the person portrayed.
Article 19
In the event that a portrait is made:
a. without the consent of the person portrayed;
b. without the consent of another person on behalf of the person portrayed;
c. not in the interest of the person portrayed,
the holder of the copyright to the portrait shall not be allowed to publish it, if the publication is contrary to the reasonable interest of the person portrayed, or if that person has died, the reasonable interest of one of his heirs.
Article 20
Photographing in order to publicise one or more actors in a public performance, even though commercial in nature, shall not be deemed to be an infringement of copyright, except if stated otherwise by the person concerned.
Article 21
In the interest of the public security and or for the purposes of the criminal justice process, a portrait of a person in any condition whatsoever, may be reproduced and published by the competent agency.
Article 22
Unless agreed otherwise between the Copyright Holder and the owner of a creative work in the form of a photograph, painting, drawing, architectural work, sculpture and other artworks, the owner shall be entitled to without the consent of the Copyright Holder to display the work in a public exhibition or to reproduce it in a catalogue, with detracting from the provisions of Article 18 and Article 19 if said work of art is in the form of a portrait.
Article 23
Unless agreed otherwise between the author and the copyright holder, the author of a work in the form of a sculpture or a painting shall remain entitled to make the same work, even though the author has transferred his copyright to another person.
Article 24
(1) An author or his heir shall be entitled to require that the copyright holder place the name of the author on his work.
(2)
a. It is forbidden to make changes to a work except with the consent of the author or his heir;
b. Where an author has transferred his copyright to another person, his consent shall be required during his lifetime to make such changes and if he is deceased, the permission of his heirs shall be required.
(3) The provision referred to in paragraph (2) shall also be applicable to changes in the title and subtitle of a work, inclusion and changes in the name or pen-name of the author.
(4) The author shall remain entitled to make changes to his work in accordance with social propriety.
Article 25
(1) The copyright of a work shall remain in the hands of the author as long as the entire copyright is not transferred to the purchaser of the work.
(2) A copyright which is sold in whole or in part may not be sold again in whole or in part sold by the same seller.
(3) Where disputes arise between the purchasers of the same copyright to a work, protection shall be granted to the purchaser who first obtained the copyright.