In today’s globalized economy, Intellectual Property (IP) rights protection is crucial for fostering innovation and creativity. Nowadays, many countries globally have established their own copyright laws, such as the regulation of copyright claims in Indonesia.
As creative works traverse international boundaries, the collaboration between foreign and domestic IP agents becomes increasingly essential.
You minght want to read A Brief Understanding of Infringement of Copyright and Remedies first.
Then, this article will provide a comprehensive guide for foreign IP agents to understand the legal framework and procedural requirements of copyright claims according to Indonesian law.
What is a Copyright Claim in Indonesia?
In Indonesia, copyright is a fundamental component of intellectual property law, providing creators with exclusive rights over their literary, artistic, and scientific works.
A copyright recordation, also known as copyright registration, grants creators legal recognition and protection for their original works.
As stipulated in by the Copyright Law of the Republic of Indonesia in Law No. 28 of 2014 (UU Nomor 28 Tahun 2014), copyright claims serve to safeguard the rights of authors and creators by establishing ownership and delineating permissible uses of their works.
It’s important to note that copyright recordation is not required for copyright protection, however it will be very beneficial for handling disputes.
Who Can File a Copyright Claim in Indonesia?
Any individual or collective entity that creates original works is eligible to file copyright claims in Indonesia. This includes authors, artists, composers, and other creators who produce tangible expressions of their ideas.
Moreover, in cases of collaborative works, such as joint authorship or collective creations, copyright ownership may be shared among the contributors, subject to mutual agreement or contractual arrangements.
How to File a Copyright Claim in Indonesia
Now, what are the procedures to file a copyright claim here in Indonesia? Filing a copyright claim in Indonesia involves several key steps. Here is a step-by-step guide for foreign IP agents:
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Step 1: Gather Necessary Documents
Before initiating the copyright claim process, it’s essential to gather all the required documents. First, prepare a sample of the work you wish to copyright. This could be a manuscript, artwork, software code, or any other tangible form of your creation.
Then, fill out the registration forms and prepare proof of ownership. Draft a statement asserting your ownership rights (Statement of Works) over the work you’re registering for copyright protection and other Related Rights Ownership.
If multiple individuals apply, it is necessary to list and write the names of all applicants on the application form.
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Step 2: Submit Your Application and Fees
The next step to file copyright claims in Indonesia is submitting your application. Obtain the appropriate application form for copyright registration from the Directorate General of Intellectual Property (DGIP) website or office.
If you’re a foreign applicant, you’ll need to involve an Indonesian intellectual property consultant, such as Am Badar & Am Badar‘s Copyright Service.
Ensure you have a duly executed Power of Attorney authorizing them to represent you in the copyright claim process. You can contact or explore the insights and services for further information.
Also, be prepared to pay the applicable registration fee for copyright claim submission. The fee may vary depending on factors such as the type of work and applicant category (e.g., individual, company).
In general, here’s a breakdown of the registration fees for copyright claims in Indonesia that you need to pay according to their type:
- For Educational Institutions, SMEs, or Government R&D:
- Online registration: IDR 200,000
- Manual registration: IDR 250,000
- For the General Public:
- Online registration: IDR 400,000
- Manual registration: IDR 500,000
- For Computer Programs:
- Educational Institutions, SMEs, or Government R&D:
- Online registration: IDR 300,000
- Manual registration: IDR 350,000
- General Public:
- Online registration: IDR 600,000
- Manual registration: IDR 700,000
- Transfer of Rights Application: IDR 200,000
- Name and Address Change Application: IDR 150,000
- Excerpt in Each Recording: IDR 150,000
- Copyright Registration Letter Copy: IDR 150,000
- Copyright License Registration: IDR 200,000
- Written Description of Registered Creations: IDR 150,000
- Data Correction in Registration Application: IDR 150,000
- Operational Permit for Music and Song Rights CMOs: IDR 10,000,000
- Operational Permit for Other CMOs: IDR 5,000,000
- Note: CMO = Collective Management Organization (Lembaga Manajemen Kolektif/LMK)
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Step 3: Await Processing and Registration
After submitting your copyright claim application, the Directorate General of Intellectual Property will conduct a thorough examination to determine the validity of your claim.
If your copyright claim is approved, you’ll receive a written certificate confirming the registration of your work under copyright protection.
As for the timeline, the processing time may vary, but you can generally expect a response within a reasonable period. Especially with online e-HakCipta, the DGIP can now do the service within 1-14 work days.
Meanwhile, for offline applications and manual payment through the DGIP counter, the processing time may take from 6-9 months.
Enforcement of Copyright Claims in Indonesia
In the event of copyright infringement or unauthorized use of protected works, creators have recourse to enforcement mechanisms available under Indonesian law.
Enforcement options include initiating legal proceedings in Indonesian courts, pursuing administrative remedies, or seeking alternative dispute resolution methods.
Indonesian courts will help adjudicate copyright disputes and enforce creators’ rights, ensuring that intellectual property rights are upheld and respected.
Benefits of Registering Your Copyright in Indonesia
Applying for copyright claims in Indonesia offers creators and rights holders many benefits. Some key advantages include:
- it will help you when you take legal action against infringement, safeguarding your intellectual property from unauthorized use.
- Registering your copyright enhances the credibility and value of your work.
- It makes your creations more attractive for potential licensing and commercial opportunities.
Conclusion
Overall, copyright registration in Indonesia is crucial for protecting your creative endeavors and maximizing their potential. However, the procedures require a thorough understanding of the legal framework and related requirements, as guided above.
Contact Am Badar & Am Badar for Expert Assistance
For expert assistance with copyright claims in Indonesia, contact us at Am Badar & Am Badar to use our Copyright Service. Explore further insights and services on our page, and learn How To Avoid Copyright Dispute If You Are Using an Article for Your Movie.
Reviewed by Nabil Argya Yusuf