Protecting the originality of creative works is crucial, and this can be done with copyright recordation. With copyright, the owners or creators will get exclusive rights over their works for various uses.
Also, in a developing country like Indonesia, registering copyright offers tangible benefits such as establishing ownership publicly and fortifying legal recourse against infringements. Therefore, you need a professional legal partner like us, Am Badar & Am Badar.
From music and literary to scientific findings, we can help you register your copyrights according to Indonesian laws and legal frameworks. You can access insights, services, as well as contact us page. Also, you can read Everything You Need to Know about Music Copyright.
Understanding Copyright Recordation in Indonesia
The process of registering copyright in Indonesia involves creators automatically securing exclusive rights once they’ve created something. This happens without any restrictions being reduced, and it will recorded in the Indonesian Intellectual Property Database. The ownership of the work is then protected by law.
What Can Be Registered?
Many types of creative work can be protected and registered for copyright in Indonesia. Some examples include:
- Literary works include books, computer programs, pamphlets, published writing layouts, and others.
- Speeches, lectures, presentations, and similar creations.
- Teaching aids made for educational purposes.
- Music or songs, with or without lyrics.
- Dance, theater, puppetry, choreography, and mime.
- Various forms of visual arts, such as carving, calligraphy, sculpture, collage, applied arts, and drawings.
- Maps.
- Batik art.
- Architecture.
- Photography.
- Interpretations, translations, anthologies, adaptations, and other works derived from original creations.
To explore a comprehensive list of other works eligible for copyright protection, you can visit reliable sources like the Directorate General of Intellectual Property (DGIP) of the Republic of Indonesia.
The Recordation Process
For copyright recordation in Indonesia, there are several steps you can take. It starts with preparing documents and waiting for approval from DGIP. Here’s how it works:
1. Document Preparation
Before registering, you need to meet certain requirements, such as:
- Your name, nationality, and address;
- Name, nationality, and address of the copyright holder;
- When and where the work was first announced;
- Title of the work;
- Brief description of the work;
- Sample of the work you want to register.
In addition to these requirements, you also need to prepare specific documents. The documents depend on whether you’re registering as an individual or a company.
Individual copyright recordation will require documents like a signed stamp duty power of attorney, a statement of authenticity of the work, a tax ID number (NPWP), and a sample of the work.
Meanwhile, company recordation requires additional documents such as a transfer of rights letter, company deed, company tax ID Number (NPWP), and copies of the applicant’s and creator’s identity cards (KTP).
2. Submission of Application to the DGIP
Once all required documents are ready, you can submit your application to the DGIP’s platform with this step-by-step:
- Visit the e-hakcipta.dgip.go.id website.
- Register by entering your username and password.
- Log in using your username.
- Upload the required documents.
3. Waiting for Approval from DGIP
If you already done the payment proccess, you have to wait for the DGIP to process your application. Once approved, you can download and print your certificate directly. For detailed instructions, you can visit the DGIP’s official page, which explains the recordation requirements and procedures more clearly.
Benefits of Recordation
Overall, registering copyright legally in Indonesia will bring multiple advantages for the copyright owner, such as:
1. Establishing Presumption of Ownership in Court
When a work is registered as copyright, it provides strong evidence of who the rightful owner of the work is. This is crucial in legal disputes because recordation establishes ownership presumption in court.
Therefore, copyright owners don’t need to prove ownership from scratch, saving time and resources in legal proceedings.
2. Strengthening Legal Enforcement Options Against Infringements
Registered copyright also strengthens legal enforcement options against infringements. So, copyright owners can take direct legal action against those who violate it, such as unauthorized duplication or distribution.
In this case, recordation provides legitimacy and a strong legal basis for taking decisive action, including stopping illegal activities and filing claims.
3. Potentially Increasing Damages Awarded in Infringement Cases
In cases of copyright infringement, registered copyright owners may receive larger damages. This is because courts tend to view registered copyrights as evidence that strengthens the owner’s claim.
Additionally, copyright owners can seek higher damages, including legal costs and losses due to infringement. This provides an additional incentive for creators to register their works.
Collaborative Approach to Copyright Recordation
As you may know, applying for copyright requires several specific documents to be approved. Additionally, applicants must meet certain criteria for their applications to be accepted. Therefore, you need to collaborate with a reputable local IP law firm.
Advantages of Partnering with a Local IP Law Firm
Working together with a local intellectual property law firm like Am Badar & Am Badar can streamline the preparation and application process. As a professional legal service with years of experience, here are the advantages and expertise we offer:
- Assessing the registrability of creative works
- Preparing and filing accurate recordation applications
- Addressing any potential issues raised by the DGIP during an examination
- Monitoring recordation status and deadlines
So, if you are seeking to embark on the copyright recordation journey or explore broader intellectual property legal issues, contact us or check out our Copyright Service and our other full services as well as insights. Additionally, discover more insightful articles on our Insights page, such as: “All Rights Reserved”, A Global Copyright Protection?
Reviewed by Nabil Argya Yusuf