CHAPTER III: REGISTRATION OF WORKS

 

Article 29

(1) The Department of Justice shall conduct the registration of works in the General Register of Works and make official announcement of such registrations.

(2) Said General Register of Works can be seen by anyone without any charge at the office of Department of Justice.

(3) Everyone may obtain for his own use an excerpt of said General Register of Works by paying the charge stipulated by the Minister of Justice.

(4) Provisions on registration referred to in paragraph (1) shall not be an obligation to obtain a copyright.

 

Article 30

The registration of a work in the General Register of Works shall not be construed to mean validation of the content, meaning or form of a registered work.

 

Article 31

(1) The registration of a work in the General Register of Works shall be conducted on the basis of an application submitted by the author or by the copyright holder.

(2) An application for registration of a work shall be addressed to the Minister of Justice in two copies written in the Indonesian language accompanied by:

a. the registration fee as determined by the Minister of Justice;

b. a sample of the work or a substitute.

(3) Further provisions on applications shall be stipulated by the Minister of Justice.

 

Article 32

An application for registration of a work conducted on behalf of more than one person and or legal entity shall be permitted if the persons or legal entities are jointly entitled to or declared by a written agreement that they shall jointly be entitled to said work and submit to the Department of Justice, which conducts the registration, an official copy of the written explanation or deed evidencing said fact.

 

Article 33

The General Register of Works shall include among other things:

a. the date of receipt of the application;

b. the date of completion of the requirements in accordance with the provisions of Article 31;

c. the number of registration of the work.

 

Article 34

(1) The registration of a work shall be deemed to have been made at the time the Department of Justice has received the complete application for registration in accordance with the provisions of Article 31 or the complete application for registration in accordance with the provisions of Articles 31 and 32 if the application for registration is submitted by more than one person or entities referred to in Article 32.

(2) The registration referred to in paragraph (1) shall be announced by the Department of Justice in the Supplement of State Gazette of the Republic of Indonesia.

(3) If the application for registration is submitted completely referred to in paragraph (1) within 1 (one) year after the initial publication of a work, the application for registration shall be deemed to have been proposed at the time of such initial publication.

 

Article 35

(1) The transfer of rights to the registration of a work registered according to Article 33 registered under one number, shall only be permitted if the rights to the entire work that is registered are transferred to the recipient of the rights.

(2) Said transfer of rights shall be recorded in the General Register of Works upon a written request of both parties or the recipient of the rights.

(3) The Minister of Justice shall determine the charge for recording such transfers of rights.

(4) The recording of said transfers of rights shall be announced by the Copyright Office in the Supplement of State Gazette of the Republic of Indonesia.

 

Article 36

(1) If a work registered according to Articles 31 and 32 is not in accordance with the provisions of Articles 13, 14 letters a, b, c, e, f and g, 19, 20, 21, and 23, then other persons who according to Article 2 are entitled to a copyright may file a claim with the District Court of Central Jakarta by a petition signed by the applicant himself or his proxy, requesting that the registration of said work be cancelled.

(2) Said claim must be made by the claimant within 9 (nine) months after the announcement in the Supplement of State Gazette referred to in Article 34 has been published.

(3) After the grace period referred to in paragraph (2), a claim for cancellation of the registration of a work may still also be filed if the rights of the claimant are proven by a court decision which has become final and binding.

 

Article 37

(1) Changes in the name or address of a person or legal entity the name of which is recorded in the General Register of Works as the author or the copyright holder, shall be recorded in the General Register of Works upon a written request of the author or the copyright holder having that name and address, by paying the fee determined by the Minister of Justice.

(2) Said change of name or address shall be announced in the Supplement of State Gazette of the Republic of Indonesia by the Department of Justice.

 

Article 38

The legal force of the registration of a work shall become void due to:

a. cancellation upon the request of a person or legal entity the name of which is recorded as the author or the copyright holder;

b. expiry, referred to in Article 26 in view of Articles 27 and 28;

c. invalidation by a court decision which has become final and binding.

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