Act No. 12 Of 1997

Original Language Title: Undang-Undang Nomor 12 Tahun 1997

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c4e8c890a009888313231343537.html

ACT 12-1997 Text copy _?.
Back COUNTRY SHEET Republic of INDONESIA No. 29, 1997HAKI. COPYRIGHT. Trade. Economy. (Additional explanation in the State Gazette of the Republic of Indonesia Number 3679)
Law of the Republic of INDONESIA number 12 of 1997 on CHANGES to the Act No. 6 of 1982 on COPYRIGHT AS AMENDED by Act No. 7 of 1987 with the GRACE of GOD ALMIGHTY the PRESIDENT of the REPUBLIC of INDONESIA,.,, Considering: a. that with the development of the life that goes fast, especially in the field of economy in both the national and international levels, the granting of legal protection of an increasingly effective against intellectual property , particularly in the field of copyright needs to be further improved in order to realize a better climate for growth and development of the spirit of rationality in science, arts and literature, which is indispensable in the implementation of national development which aims at the creation of Indonesia society a fair, prosperous, advanced, and independently based on Pancasila and the 1945 Constitution;
.,, b. that with the acceptance and participation of Indonesia in the agreement on Trade aspects of intellectual property (Agreement on Trade Related Aspects of Intellectual Property Rights, Including Trade in Counterfeit Goods/TRIPs) which is part of the approval of the establishment of the World Trade Organization (Agreement Establishing the World Trade Organization) as already authorized by statute, continues with implementing the obligation to adapt national legislation in the field of intellectual property including copyright against those international accords;
.,, c. that based on considerations as mentioned in letters a and b, as well as paying attention to the assessment of any experience deficiency, particularly during the implementation of the law on copyright, seen the need to change and improve some of the provisions of Act No. 6 of 1982 on copyright as amended by Act No. 7 of 1987 with the law;
.,, Considering: 1. Article 5 paragraph (1), article 20 paragraph (1), and article 33 of the Constitution of 1945;
., ,2. Act No. 6 of 1982 on copyright (State Gazette No. 15 in 1982, an additional State Gazette Number 3217) as amended by Act No. 7 of 1987 (the 1987 State Gazette Number 42, State Gazette Supplementary Number 3362);
., ,3. Act No. 7 of 1994 about an endorsement Agreement Establishing The World Trade Organization (agreement of the establishment of the World Trade Organization) (State Gazette Number 57 in 1994, additional State Gazette Number 3564);
With the approval of the HOUSE of REPRESENTATIVES of the REPUBLIC of INDONESIA to decide:.,, set: the law on CHANGES to the Act No. 6 of 1982 on COPYRIGHT AS AMENDED by Act No. 7 of 1987.
Article I a few provisions in Act No. 6 of 1982 on copyright as amended by Act No. 7 of 1987, amended as follows:.,, 1. The provision of article 1 letter c modified and new provisions plus four that made the numbers 8, 9, 10, and 11, so the whole article 1 reads as follows:.,, "article 1,, 1. The creator is one or a few people together who over his inspiration was born a creation based on the ability of the mind , imagination, dexterity, skill or expertise that is poured in the form of a distinctive and personal.
., ,2. Creation is the result of every work of the creator in the typical forms and show originality in the field of science, arts and literature.
., ,3. The copyright holder is the creator as the owner of the copyright, or a person who accepts those rights from the creator, or others who receive more rights than those mentioned above.
., ,4. The announcement was the reading, penyuaraan, broadcasting or spreading something creation, using any tool and in a manner such that a creation can be read, heard or seen by others.
., ,5. Duplication is adding something of creation, with the creation of the same, similar or resembling the creation using the same ingredients as well as not the same, including the mengalihwujudkan things of creation.
., ,6. The portrait is a picture with the means and tools of any kind from a person's face is depicted either together with other body parts or not.
., ,7. A computer program is a program specially created so as to allow the computer do certain functions.
., ,8. The offender is an actor, singer, musician, dancer or those who display, demonstrate, perform, sing, deliver, play in, or reciting a work of music, drama, dance, literature and other works of art.
., ,9. The producer of the sound recording is the person or legal entity who first recorded or have the initiative to finance the activities of the sound recording or the sound of both of the performances or sound or other sounds.
., .10. Broadcasting organization of the broadcast, organizers are good Governments and Broadcasters of the private Broadcasters in the form of a legal entity that is doing the broadcasting of a work broadcast by using the transmission with or without wires or other electromagnetic system.
.,, 11. The Copyright Office is a unit of organization in the Department that carries out environmental tasks and authorities in the field of copyright. "., .2. The provisions of article 2 was changed, by adding two new provisions that made a subsection (2) and paragraph (3) so that the overall article 2 reads as follows:.,, "article 2, (1) Copyright is a right unique to the creator or the recipient the right to announce or reproduce his creation or give permission for it to not reduce limitations according to the legislation in force.
.,, (2) the recipient or creator and the copyright on works of film and computer programs have the right to permit or prohibit to other persons without his consent the creation for the benefit of rents which are commercial.
.,, (3) the provisions concerning the right to permit or prohibit rental referred to in subsection (2) apply also for producer votes. "., 3. The provisions of article 8 is modified by inserting new provisions be made to subsection (1a) and change the provisions of subsection (2), so the whole article 8 reads as follows: "article,., 8.,, (1) If a creation made in the Department's relationship with the other party within his work, then the parties to and in dinasnya's creation was done is the copyright holder, unless there is another agreement between the parties by not reducing the rights of the maker as its creator in the use of extended creation out of the relationship Department.
.,, (la) the provisions referred to in subsection (1) is valid also for the other party made creation based on orders that are carried out in the relationship Department.
.,, (2) If a creation made in the working relationship or upon order, then the party that makes the work of copyright it is regarded as the creator and copyright holder, except when other exchanged between the parties. "

4. The provisions of article 10A amended so that Article 10A reads as follows:.,, "article 10A.,, (1) If a creation of unknown creator and creation that is not yet published, then the State holds the copyright on the creation for the benefit of its creator.
.,, (2) If a creation has been published but is not known to its creator or to the creation of the creator's pseudonym is indicated, then the publisher holds the copyright on the creation for the benefit of creators. "., .5. The provisions of article 11 paragraph (1) and (2) are amended so that the overall article 11 reads as follows: "article 11,,.,, (1) in this Act of creation that is protected is a creation in the fields of science, art and literature which includes works:.,,.,, a. books, computer programs, pamphlets, perwajahan arrangement of the papers published, and all other paper results;
.,, b. lecture, lectures, speeches and other creations are realized by means of spoken; c. props made for the benefit of education and science;., d., song or music creation with or without text, including musicians, and sound recordings; e. drama, dance (choreography), puppet, pantomime;

f. the work performances;

g. broadcast works;.,, h. fine art in all forms such as painting, drawing, sculpture, calligraphy, sculpture, collage, sculpture, applied art in the form of art crafts; i. architecture;

j. map;

k. batik art;

b. photography;

m. cinematography;., n. translation, tafseer, adaptations, potpourri, and other works of pengalihwujudan results.
.,, (2) the inventions referred to in the letter n is protected as its own creation, with does not reduce the copyright on the original creation.
.,, (3) the protection referred to in subsection (1) and paragraph (2) includes also all of creation that is not or has not been announced, but it is a form of real unity, which allows reproduction works. "., .6. The provisions of article 2 a, c, d, and e were changed so that the whole of article 14 reads as follows:.,, "article 14 provided that the source should be called or be listed then it is not considered a copyright violation:.,, a. use of the inventions of the other party for the purposes of education, research, writing papers, report preparation, writing criticism and review an issue with conditions not detrimental to the interests of the natural for creators;

.,, b. creation capture other party in whole or in part for purposes of advocacy inside and outside the Court;
.,, c. creation capture other party in whole or in part for purposes of:.,, 1. lecture solely for the purpose of education and science;., .2. performance or staging are free paid to the provisions not to harm the interests of the natural for creators;
.,, d. Duplication of a creation science, art and literature in Braille letters for purposes of the visually impaired, unless it's non-commercial reproduction;
.,, e. duplication of a creation besides computer programs, are limited by the way or any tool or a similar process by public libraries, institutions of education and science or the non-commercial documentation centers, solely for the purposes of its activities;
.,, f. changes made over the architectural masterpieces such as the creation of buildings based on consideration of technical implementation;
.,, g. Making a backup copy of a computer program by the owner of a computer program that is done solely for his own use. "

7. The provisions of article 26 amended so that Article 26 reads as follows:.,, "article 26 (1) of the Copyright over the creation:.,, a. books, pamphlets, and all other writing works;.,, b. lecture, lectures, speeches and other creations are realized by means of spoken; c. props made for the benefit of education and science;

d. creation of a song or music with or without text, including musicians;

e. drama, dance (choreography), puppet, pantomime;., f., art in all forms such as painting, drawing, sculpture, calligraphy, sculpture, collage, sculpture, applied art in the form of art crafts; g. architecture;

h. map;

j. batik art;., j., translation, tafseer, adaptations, potpourri, and other works from the results pengalihwujudan; valid during the life of the creator and continued up to 50 (fifty) years after the Creator's death.
.,, (2) to the inventions referred to in subsection (1) that is owned by two or more people, then the Copyright is valid during the life of the creator of the longest days of his life and lasts up to 50 (fifty) years after the longest of his life the creator died. ", .8. The provisions of article 27 amended and inserted new provisions that made a subsection (2a), so the whole article 27 reads as follows:.,, "article 27 (1) the copyright on creation:.,, a. computer programs;

b. cinematography;

c. sound recordings;

d. work of the show;

e. the work of the broadcast;

valid for 50 (fifty) years since it was first announced.
.,, (2) the copyright on photographic creation is valid for 25 (twenty-five) years since it was first announced.
., (2a), the copyright on the work order perwajahan the papers published are valid for 25 (twenty-five) years since it was first published.
.,, (3) the copyright on the inventions referred to in subsection (1) and section 26 subsection (1) are owned or held by a legal entity, applies for 50 (fifty) years since it was first announced, while the Copyright referred to in subsection (2) and subsection (2a) are valid for 25 (twenty-five) years "., .9. Between article 27 and article 28 Article 27B is inserted so that the Article 27A reads as follows:.,, "article 27A.,, (1) the creation of copyright on owned or administered by the State based on:, a.., the provisions of article 10 and paragraph (2) letter b, valid indefinitely;., b., the provisions of article 10A paragraph (1), apply for 50 (fifty) years since the copyright work was first known to the public.
.,, (2) the copyright upon creation by the Publisher based on the provisions of article 10A paragraph (2), applies for 50 (fifty) years from such copyright works first published. ", .10. Between Article 28 and article 29 inserted Article 28A and 28B Article so that the overall Article 28A and 28B Article reads as follows: "article 28A, the period of protection for the rights of creators as mentioned in: a. section 24 subsection (1) apply indefinitely;.,, b. Article 24 paragraph (2) and paragraph (3) is applicable during the period of Copyright upon creation question except for the inclusion and change the name or pseudonym of the creator. "" Article 28B without prejudice to the rights of Creators over the period of copyright protection are counted since the inception of a creation, counting of the period of protection for creation is protected: a. for 25 (twenty five) years;

b. for 50 (fifty) years;., c., during the life of the creator and continued up to 50 (fifty) years after the Creator's death; started since January 1 for the following year after the creation of announced, unnoticed by the public, published, or after the creator's death.

.,, 11. In between CHAPTER III and chapter IV CHAPTER IIIA is inserted so that the entire CHAPTER IIIA reads as follows:.,, "chapter IIIA LICENSE Article 38A.,, (1) the copyright holder has the right to license to others based on the letter of the licensing agreement to carry out the deed as referred to in article 2.
.,, (2) unless enforced by others, then the scope of the licence referred to in subsection (1) include all of the Act referred to in article 2, to take place during the period of the license granted and valid for the entire territory of the Republic of Indonesia.
Article 38B unless enforced by others, then the copyright holder still may carry out itself or license it to other third parties to carry out the deed as referred to in article 2.

Article 38C.,, (1) the licensing agreement contains a provision which prohibited direct or indirect adverse consequences could cause the economy of Indonesia.
.,, (2) in order to have legal consequences to a third party, the compulsory license agreement is recorded in the Copyright Office.
.,, (3) the request for the recording of a license agreement contains a provision referred to in subsection (1) must be rejected by the Copyright Office.
.,, (4) further Provisions regarding the licence agreement, including the pencatatannya arranged further by government regulation. "., 12. The title and content of chapter V is amended and new provisions plus two which Article 43A and 43B Article, so the entire chapter V reads as follows:.,, "chapter V RIGHTS and AUTHORITY SUES Article 41 the submission of Copyright over the whole creation to another person or entity does not reduce the rights of the Creator or heirs to sue someone without his consent: a. negate name Creators listed on the creation;

b. list the name of the Creator in his creation;

c. replace or change the title of the creation; and/or d. change the content creation.

Article 42.,, (1) the copyright holder is entitled to apply for redress to the pengadian State for infringement of the copyright and ask for foreclosure against objects or perbanyakannya results are announced.
.,, (2) In the event of a lawsuit for the surrender of objects referred to in subsection (1), the Judge may order that the surrender was implemented after the copyright holders pay a number of value objects that are submitted to the well intentioned.
.,, (3) the copyright holder also has the right to ask the District Court so orders the surrender of all or part of the revenue gained from organizing lectures and other scientific meetings, or the performance or exhibition of works which are the result of copyright infringement or copyright infringement.
.,, (4) in order to prevent a greater harm on the party of the right infringed, the judge may order the infringer to stop the activities of manufacture, reproduction, broadcasting, distribution, and sale of creation or the goods that are the result of copyright infringement.
Article 43 the rights the copyright holder referred to in Section 42 does not apply to objects that are in the hands of someone who does trade objects it and get it for myself.

Article 43A of the creator or a creation of heirs can file a lawsuit for damages for infringement of the provisions of article 24.

Article 43B of the right to file a lawsuit as stipulated in article 42 does not reduce the rights of countries to undertake criminal prosecution against copyright infringements. "., 13. In between chapter V and chapter VI, chapter V A pasted so that the whole of CHAPTER V A reads as follows:.,, "chapter V with the rights ASSOCIATED with COPYRIGHT Article 43C.,, (1) the offender has special rights to permit or prohibit to other persons without his consent to create, reproduce and broadcast sound recordings and/or pictures of the show.
.,, (2) the producer of sound recordings have special rights to permit or prohibit to other persons without his consent to reproduce the works sound recording or sound.
.,, (3) special right of broadcasters have to permit or prohibit the other person without his consent to create, reproduce and rebroadcasts transmissions broadcast works with or without wires, or other electromagnetic system ".
Article 43D (1) the period of protection for:.,,.,, a. Perpetrators who produce performances are valid for 50 (fifty) years from such works embodied or performed;
.,, b. Producer that produces sound recordings sound recordings works are valid for 50 (fifty) years since the completion of the work recorded;
.,, c. broadcasters who produce broadcast for as long as 20 (twenty) years since the first broadcast of the works broadcast.
.,, (2) the calculation period of protection referred to in subsection (1) beginning January 1 next year after:.,, a. a work finished performances embodied or performed;


b. a paper taped sound recordings;

c. a work finished broadcast was aired for the first time.
Section 43E of the provisions referred to in article 3, article 4, article 5, article 8, article 9, article 13, article 14, article 15, article 16, article 17, article 24, article 25, article 29, article 30, article 31, article 32, article 33, article 34 Article 35, article 36, article 37, article 38, section 38A, 38B Article, article 38C, article 39, article 41, article 42 , Article 43, article 44, article 45, article 46 and article 47 applies to the owners of rights referred to in Article 43C. "


14. The provisions of article 45 amended so that Article 45 reads as follows:.,, 45 "article creation or the goods that are the result of copyright infringement based on the Court ruling can be taken: a. for a country to be destroyed; or, b.., left to copyright holders, as long as the corresponding copyright holder has filed a civil suit over the copyright infringement lawsuit based on the provisions referred to in Article 42. "

3. The provisions of article 47 amended so that Section 47 reads as follows: "article 47,,.,, (1) in addition to the investigating police officials of the Republic of Indonesia, as well as certain civil servant Officials in the Environment Ministry of the scope of duties and responsibilities include construction copyright, was authorized as a Special Investigator referred to in Act No. 8 of 1981 on the law of criminal procedure, to conduct investigation criminal acts in the field of copyright.
.,, (2) the investigating officials of the civil servant referred to in subsection (1) is authorized:.,,.,, a. doing research over the truth of the reports or information concerning a criminal offence in the field of Copyright;
., b., do research on the person or legal entity who is suspected of committing criminal acts in the field of Copyright;
.,, c. requesting information and evidence from the person or legal entity with respect to any criminal action in the field of Copyright;
.,, d. checks over the bookkeeping, record keeping and other documents relating to criminal acts in the field of Copyright;
.,, e. checks on specific places that allegedly contained evidence of accounting, record keeping and other documents as well as spoorweg materials and results of the proof of offences in criminal acts in the field of Copyright;
., f., enlisted the help of experts in the framework of the implementation of the tasks of investigation criminal acts in the field of copyright.
.,, (3) the investigating officials of the civil servant referred to in subsection (1) notify the commencement of the investigation and the results of penyidikannya to the investigating police officials of the Republic of Indonesia.
.,, (4) the investigating officials of the civil servant referred to in subsection (1) delivering the results penyidikannya to the public prosecutor's Office Police Officials through the Republic of Indonesia by considering the provisions of article 107 of the Act No. 8 of 1981 on the law of criminal procedure. "

16. The provisions of article 48 amended so that Article 48 reads as follows:.,, "article 48 of this Act apply to all creation and rights related to Copyright: a. citizens, residents, and legal entities;., Indonesia, b. is not a citizen of Indonesia, not the inhabitants of Indonesia and not the legal entity to which Indonesia was first announced in Indonesia or announced in Indonesia within a period of 30 (thirty) days since its creation was announced for the first time outside of Indonesia;
.,, c. is not a citizen of Indonesia, not the inhabitants of Indonesia and not the legal entity, provided Indonesia:.,,.,, 1) his country has a bilateral agreement concerning the protection of Copyright and rights related to Copyright with the Republic of Indonesia;
., .2) of his country and the Republic of Indonesia is a party to or participant in the same multilateral treaty concerning the protection of Copyright and rights related to copyright. "
Article II of this Act comes into force on the date of promulgation.

In order to make everyone aware of it, ordered the enactment of this legislation with its placement in the State Gazette of the Republic of Indonesia.

.,, Enacted in Jakarta on 7 May 1997 the PRESIDENT of the REPUBLIC of INDONESIA S O H E A R T O Promulgated in Jakarta on May 7, 1997 MINISTER of STATE SEKRETARlS of STATE of REPUBLIC of INDONESIA M O E R a D I O O N RI STATE GAZETTE SUPPLEMENTARY No. 3679 (explanation for the 1997 State Gazette Number 29) EXPLANATION for the INOONESIA REPUBLIC Act No. 12 of 1997 on CHANGES to the Act No. 6 of 1982 on COPYRIGHT AS AMENDED by

Act No. 7 of 1987, PUBLIC, people's Consultative Assembly Number II/MPR/1993 of the outlines of the bow of the State, among others, asserted that the development of the world containing opportunities that support and accelerate the implementation of national development needs to be exploited at their best. In accordance with the direction of the outlines of the Bow, then all the developments, changes, and the global trend which is expected to be able to affect National Stability as well as the achievement of the national goal needs to be also followed carefully, so that steps can be taken to anticipate.
.,, One of the outstanding developments and gained attention during last ten years and the trend is still going to take place in the future is a widespread current of globalization both in the field of social, economic, cultural or other areas of life. In the field of trade, mainly because of developments in information technology and transportation have made the activities in this sector are increasing rapidly and has even put the world as a single market. Having regard to the reality and trends like that, then it becomes comprehensible claims the need for arrangements in the framework of a more adequate legal protection. Moreover, some countries increasingly rely on economic and trade activities on products produced on the basis of the ability of human intelektualita such as copyright in the field of science, arts and literature.
.,, General agreement on tariffs and trade (the General Agreement on the set fee and Trade/GATT) multilateral trade agreement which is basically aimed at creating a free trade, equal treatment, and help create economic growth and development in order to realize the human well-being. Within the framework of the multilateral agreement, in April 1994 in Marrakech, Morocco, has been successfully agreed a package the results of trade negotiations the most complete ever produced by the GATT. The negotiations have been started since 1986 in Punta del Este, Uruguay, which is known, with the Uruguay Round, (Uruguay Round) among others contains agreement on Trade aspects of intellectual property (Agreement on Trade Related Aspects of Intellectual Property Rights/TRIPs).
TRIPs Agreement, contains the norms and standards of protection for works of human intelektualita and putting the international treaties in the field of intellectual property as the basis.
In addition, the agreement also regulates the rules of practice of law enforcement in the field of intellectual property are strictly.
.,, As the States parties signatories of the Uruguay Round Agreement, Indonesia has ratified the agreement package with Act No. 7 of 1994 about an endorsement Agreement formation of the World Trade Organization (the Agreement Establishing The World Trade Organization).
.,, In line with the policy, then to be able to support national development activities, particularly having regard to the various developments and changes, Indonesia which since 1982 have had laws on Copyright that was then enhanced with a national Act No. 7 of 1987, need to do completion against the legislation.
.,, In addition to completion of some provisions of the perceived lack of giving legal protection to the creator, the perceived need to also make adjustments with the agreement of TRIPs. The goal, to eliminate various barriers mainly to provide facilities to support increased trade and economic growth in both national and international.
.,, With the background and the considerations above, then in general field and direction of improvements were made to the Act No. 6 of 1982, as amended by Act No. 7 of 1987 on copyright include, among others: 1. The consummation.
.,,.,, in this law, the refinement includes provisions regarding the protection against the unknown creator's creation, the exclusion of breach of copyright, the protection period of creation, rights and authority sues, and provisions on the investigating Officials SipilNS civil servants). 2. The addition.
.,,.,, some additions are changes include provisions on:.,, a. creation of Rental (Rental Rights) for the holder of the copyright on video recordings, films and computer programs;
., b., Rights related to copyright (Neighboring Rights) which includes protection for the performer, producer, sound recordings, and Broadcasters; and c. governing Copyright License.

ARTICLE for the SAKE of ARTICLE number 1

.,, Changes to the provisions of article 1 point 2 is intended to affirm the necessity element of authenticity of a copyrighted work to obtain copyright protection. The copyright of a work must have a distinctive shape and shows the authenticity as a creation of someone on the basis of ability and creativity that is personal. In typical form, meaning that the work should have been completed realized so that can be seen or heard or read. Including in terms of the things that can be read is reading Braille letters. Because of a work must be manifested in the form of the typical, then copyright protection is not granted on mere ideas.

In accordance with this provision, the idea is basically not get copyright protection.

Because the idea has not yet exist that allow to see, hear or read.

Added provisions on understanding offender, the procedure of sound recordings and broadcasters need to be viewed in connection with the addition of a new provision governing the rights related to Copyright or Neighboring Rights ". In terms of the offender or "performers", the mention of actor, singer, musician and dancer shows the profession performers basically just stating some of those activities to display, perform, perform, sing, deliver, play or reciting a work copyrighted.

While the notion of sound recording producers are those who perform the activity recorded directly over the object that issued the sound or sounds, including those who record sound or sound with a different arrangement, and not simply duplicate or reproduce existing recordings. As for the work of the broadcast in question in terms of broadcasters include, among others, sounds, images or of images and sounds. Only legal entities shaped requirements apply to Private Broadcasters.

Next see also explanation of article 1 long. Figure 2.,, this change is meant to affirm the recognition of the existence of the rights owned by the Creator or Copyright holder of the work of movies and computer programs, namely, the right to prohibit or permit rent works of film and the computer programs commercially.

Similar rights are enforceable to the producer of sound recordings.

CF. also article 2 of the long Explanation. Number 3,, the addition of paragraph (la) recently is intended to affirm the principle that the copyright on a creation made by someone based on the order, e.g. from government agencies, except other exchanged, still held by government agencies such as the Booker. This provision does not reduce the rights of the maker of such creations as the creator in creation used to things outside of the limited relationship. As for the change in paragraph (2) was intended to clarify the existence of Copyright in terms of the creation of an outside relationship or upon service of the order. That is, the creation is created in a working relationship in a private environment or made upon orders from private institutions with other parties or individuals with individuals.

CF. Article 8 long Explanation anyway. 4.,, this change was intended to affirm the copyright status in the event of a work unknown to its creator and not or not yet published, as befits the creation was realized. For example, in terms of paper or piece of music, the creation has not been published in book form or not yet recorded. In such case then the copyright on the works held by the State to protect the Copyright for the benefit of its creator. While in the form of paper work and has already been published, then the copyright on the creation in question is held by the Publisher.

The Publisher also assumed Copyright upon creation is published using the pseudonym creators. Thus, a creation that was published but it is unknown who the creator or to the creation of the creator's pseudonym is indicated, then the publisher whose name is inscribed in creation and can prove as a publisher who first published the creation Act represents the creator. This does not apply if the Creator then reveals his identity and he can prove that the creation is his creation.

Next see also Explanation of article 10A long. Number 5,, this change is actually just a rearrangement of the formulation regarding the kinds of creations that are included within the scope of Copyright by classifying them in accordance with the type and nature of his creation.

Moreover, some types of creation needs to be explained as follows: is the arrangement of the perwajahan paper is a work Copyright commonly known as "typhographical arrangement", i.e. aspects of art or aesthetics on the arrangement and form of writing paper. This includes among other formats, ornament, color and arrangement of the lettering or layout as a whole displays a distinctive form. Whereas the definition of the images include engineering drawings or "technical drawings", motives, diagrams, sketches, logos and shapes of the letters. While the definition of "collage" is an artistic composition made of various materials (e.g. of fabric, paper, wood), which tacked on the surface of the picture.

As for the applied art work is essentially an art of crafts that can be made in large quantities. For example asesories or jewelry, furniture, decorative paper or ornament for walls, and design clothing. Props that are protected by copyright are the Props for the sake of science, including education.

Architectural works include the art buildings and a miniature or scale model of the building. Batik, as a work of art is protected in this legislation as a form of its own creation. What is meant by "batik" in this Act is a new creature or that are not traditional or contemporary. The works of such protections because it has artistic value, both in the creation of motifs or images or colour compositions. As for the traditional batik, protection is only enforced against foreigners or overseas. Traditional batik works like a machete broke, sidomukti, truntum, and others according to the calculation of the period of copyright protection has expired and indeed be public domain. Because it's for the people of Indonesia itself is basically free to use it. Furthermore, the work of cinematography which is the media of mass communication point of view heard (moving images) and voice, includes documentaries, news, reports or feature film made with screenplays, film and cartoons. The work of cinematography can be made in celluloid tape, videotape, video and disc or other media that allow for display in cinemas, on the big screen or broadcast on television. Similar works were created by the company of filmmakers, television stations or individuals.

As for the notion of Potpourri include creation in the form of a book which contains a collection of many different paper options, set the songs selections recorded in a cassette, or the composition of the various works of the dance of choice. 6. Figures, changes on this article was done by removing the limitation or the size of 10% in terms of usage of creation that is not considered a copyright violation. The removal of these restrictions were necessary because of the quantitative measure for determining copyright infringement difficult to implement. In this case it would be more appropriate if the assessment is based on a qualitative size.

For example, take the most important or typical or become the hallmark of creation, although that usage is less than 10%. Such substantive usage is a violation of copyright. Furthermore, the use of creation is also not considered a copyright infringement when the source is clearly indicated or referred to and it's done is limited to activities that are non-commercial in nature including social activities. For example, the activity in the sphere of education, research and development activities, to the sphere of science with the provisions is not detrimental to the interests of a fair of its creator. Included in this sense is the retrieval of the creation for the staging of the show or no admission fee. Specifically for excerpts paper, mention or display of the quoted source of creation must be made in full. That is, with a list of at least the name of the creator, title or name creation, and name of Publisher if applicable.

As for the size of about a reasonable interests of creators of barus judged from the creator's rights especially in enjoying the economic benefits of creation is concerned. In the event of a dispute regarding the size of the reasonable interests of the solution is determined by the Court.

In addition, a change was also made in reproduction restrictions for creation outside of computer programs. His goal was to reaffirm that the duplication of a creation must not exceed the amount required in accordance with the intention of reproduction. In relation to computer programs need to be asserted that the owners of this copyrighted work may only make one copy or the copy is used solely for backup computer programs is concerned. This provision also applies to a public library, Institute of Sciences or education and the documentation center are solely used for the purposes of its activities.

Next see also explanation of clause 14 long. Figure 7.,, these changes are intended to align with changes to the provisions of article 11 which classify types of creation based on similarity of forms and fields of creation. The rest is a grouping of types of creation in accordance with the equality of protection period.

Next see also Explanation of article 26 long. Number 8, Explanation, see Figure 7 Figure 9


The addition of these new provisions are intended to clarify the provisions regarding the period of protection for inventions of which the copyright is held by the State. In principle, the creation of which the copyright is held by the State under article 10 paragraph (2) letter b, it gets protection indefinitely. As for the creation of the Copyright held by the State under article 10A paragraph (1) the protection of over 50 (fifty) years since the creation of the works known by the general public. This provision applies to the creation of its creator not known at all. If then the identity of the creator, or the creator himself later expressed their identity in a span of 50 (fifty) years after creation is known by the general public, then it applies the provisions of article 26.

This means that the period of protection will last and hold up to 50 (fifty) years after the creator's death.

With regard to the creation of the copyright held by the Publisher under article 10A paragraph (2) of protection lasts for 50 (fifty) years since the creation of the first published. 10. The provisions of article 28A, which recently needed to affirm that the rights of creators to be listed name or credentials, including a pseudonym on Schilling last forever or indefinitely. While the rights of creators to be protected from any attempt of the other party, to make changes to his work, lasts for the duration of copyright protection for such works.

As for the provisions of article 28B confirms new January 1 as the basis for the calculation of the period of copyright protection, intended solely to facilitate the counting of the expiry of the period of protection. Point tolaknya is 1 January of the following year or years after the creation was announced, unnoticed by the public, published or the creator died.

This is an adjustment against the provisions applicable in the field of international copyright.

How counting like that still doesn't diminish the principle insurance period calculation based on when it generates a creation when those dates are known explicitly.

Examples of the application of this provision is a masterpiece of cinematography was first announced on July 20, 1995 would gain protection from the date of 20 July 1995 until 31 December 2045. 11. Figures, adding a new chapter regarding licensing is intended to provide a foundation for the practice of licensing arrangements, which took place in the field of copyright. Basically, the license agreement only granting the permission or rights of which poured in deed of agreement for a specific period and subject to certain economic benefits enjoyed a creation protected by copyright. The license agreement is often not made specifically. This means that copyright holders can still implement the copyright or give the same license to third parties. The license agreement can be made specifically or exclusively meaning specifically given only to licensees only. The exclusive license agreement as it basically can be misused to monopolize the market, or negate the healthy competition in the market. For example it can occur if the licensee intentionally does not utilize or exploit creation is licensed. It is done so that he can master the market with other products or to the creation of his own. The obvious way would be detrimental to the rights of creators from even can disrupt the growth of Indonesia's economy. Having regard to the possibility of such legislation provides the direction that licensing be implemented throughout Indonesia will not adversely affect the economy. Furthermore asserted that to be able to apply to a third party, the license agreement must be recorded in the Copyright Office. Figure 12., Article 42, paragraph (1), intended to simplify the formulation and reaffirms the rights of the copyright holder to file a lawsuit for damages in the event of copyright infringement.

In that case requested the seizure as referred to in this paragraph then it should be done with notice provisions concerning confiscation of moving objects as set forth in the Law of civil liability.

With this change then ketcntuan Article 43 paragraph (2) is not needed anymore. The provisions of article 43 paragraph (1) of article 43 with the new changes.

Furthermore, the addition of new provisions which Article 43A is meant to affirm the rights of the Creator or the heirs filed a lawsuit for damages for breach of the provisions of article 24, namely with respect to Moral rights of creators.

As for, the addition of provisions of article 43B sebenamya is more of a refinement and transfer of the contents of the provisions of article 42 paragraph (3) long. The number 13,, the addition of a new chapter is intended to provide a foundation for the setting of rights related to copyright or are customarily known as "Neighboring Rights". The owner of these rights include actors produced the show, producer of sound recordings which produced sound recordings, and broadcasters who produce the work broadcast.

In addition to the provisions on the contents of the specified rights, also a period of protection and other provisions that apply to these rights.

The imposition of sanctions against violations of these rights associated with copyright infringement penalties. It is based on the consideration that the possibility of economic and other losses are losses that arise because of violations of these rights are essentially the same as the loss on copyright infringement. 14. the figures, changes in section 45 is basically meant to give the possibility to the Court to decide whether the results of the infringement of copyright goods that had been seized by the State were declared forfeited to then destroyed, or turned over to the legitimate copyright holder. The existence of this option then the efforts of the copyright holders to request that the goods confiscated were handed to him in a civil matter as possible in article 42, can be realized.

In terms of the law of criminal procedure, the principle is still in line with the provision in article 46 law book of the law of criminal procedure (CODE of CRIMINAL PROCEDURE). 15. Figures, these changes are intended to better clarify the investigating authority Officials civil servant (1988), and the procedures for the execution of the task and its relationship with the investigating police officials of the Republic of Indonesia, and the public prosecutor.

The clarity of the provisions on investigation is important for law enforcement investigators in carrying out the task penyidikannya. For it need affirmation that though Investigators Officials civil servant (1988) in the Environment Department of the scope of the task and its responsibilities include coaching in the field of copyright, was authorized as a Special Investigator, but it does not negate the function of Investigating police officials of the Republic of Indonesia as the Principal Investigators. In carrying out its task, investigators in 1988, were under the coordination and supervision of the investigating police officials of the Republic of Indonesia. Therefore during the investigation took place in 1988, Investigators need to consult with the investigating police officials of the Republic of Indonesia. This is the stage in the investigating police officials of the Republic of Indonesia provide guidance that is technically about the form and content of the news event and examine the truth of the material content of the news events of that investigation. After the investigation is completed, the results of the investigation in 1988, Investigators turned over to Investigators police official Republic of Indonesia's next mandatory immediately convey the results of the investigation to the public prosecutor.

This is in accordance with the principles defined in articles 6, 7, and 107 law No. 8 of 1981 on the law of criminal procedure.

In the framework of this thought, the word "through" in paragraph (4) does not mean that the investigating police officials of the Republic of Indonesia can or need to do a re investigation. Because, technically, the guidance of investigation or investigation results filings with securities essentially has been given by the investigating police officials of the Republic of Indonesia at a time when the investigating Officer or during the civil servants carry out the investigation. Thus, the principle of speed and effectiveness as the desired CODE of CRIMINAL PROCEDURE can be truly realized. 16. Numbers,, these changes are intended to comply with international arrangements, in particular regarding arrangements concerning "rights related to copyright". This is the anticipation to the possibility of the inclusion of the country of Indonesia in multilateral/bilateral agreements governing those rights.

Article II.,, is quite clear.