Sunday, April 16, 2006

Following the previous post Copyright Piracy in Indonesia I've asked lawyer to prepare a short guideline on how to ensure protection of your copyright in Indonesia. Following is the response from known Indonesian lawyer Rakhmayanti Esther Makainas:

Just like in many other countries, copyright in Indonesia is protected under the law (Indonesian Copyright Act No.19/2002). Most of the Indonesians are not well informed about this exclusive right everyone here is entitled as the first creator, or they just do not know how to process the registration of their creation.

Thus, if you create: books, computer programs, pamphlet, speech, science, drama, choreography, architecture, map, photography, cinematography, design industry, paintings, drawings, calligraphy, sculpture, collage, database etc. then you should protect such exclusive right by registering your Copyright in Indonesia through to the Office of Intellectual Property Rights Directorate General (Dirjen Hak Atas Kekayaan Intelektual called also Dirjen HAKI, a unit in Department of Justice and Human Rights). Even though a creation should be protected fist time when it was created, and NOT when it was registered, for anticipation on possible future claim against our copyright, it is necessary that we have sufficient evidence in a form of Registration Certificate to be presented as evidence before the court.

By having your creation copyright-ed or you’re a beneficiary of such copyright, then you’re entitled to announce or multiple that creation or to grant right to exercise the aforementioned. However, not like the other Intellectual Property Right such as “Patent”, in Indonesia, the entitlement for that Copyright generally apply for a life of the creator plus 50 years, or 50 years from the first announcement or publication or creation (except for broadcasting production which is 20 years from it’s first broadcasted).

Registration can be submitted directly to the Office of Intellectual Property Rights Directorate General - estimated fee of IDR 150,000 (USD 15) will apply (not included "additional costs"). Then you have to provide:
  • Sample of creation or substitute;
  • Proof of citizenship such as ID Card (KTP) or Passport of applicant or his/her Proxy:
  • Copy of Tax Registration Certificate (NPWP);
  • Specific Power of Attorney (if you appointing an Attorney);
  • Statement of Ownership affixed with Stamp Duty of IDR 6000;
  • 3 copies of Identification Card (KTP);
  • Letter of Transfer of Right (if any);
  • Certified copy of establishment deed of a legal entity or a- public notary-legalized copy (if the applicant is a legal entity);

I had additional questions related to this response.

Q: Someone steal my design. What would ensure my stronger position?

A: The copyright over such creation should be protected when it was first created, and NOT when it was registered. However to avoid any future claim or dispute, it’s always best that you register your copyright. The court trial will involve lots of procedure including evidencing. In that case, a copyright registration certificate could be presented as evidence in proving your right.

Q: Do I have any chance of winning the court trial?

A: If you don’t have enough evidence to proof that you’re the first creator of such creation, then you’re most likely going to lose the trial, especially if you don’t have enough "budget" and your opponent is wealthy;


indonesia anonymus said...

This is very useful.
Thank you for sharing.

Maya said...

All your recent posts (that I read at least) have been very informative. Thank you for sharing your know-hows, concerns, ways of thinking, and ability to research and write well :-)

Marek Bialoglowy said...

Thanks. I'm glad someone thinks it is useful.

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