COPYRIGHT

On 16 October 2014, the new Copyright Law was introduced as Law Number 28 of 2014. With the enactment of the new Copyright Law, Indonesia will now have an adequate law to tackle more copyright violations and the enforcement issues.

Copyright landscape:

• Protection of Copyright performed with a longer time in line with the application of the rules in various countries so that a period of protection of Copyright in the specific field applied for the life of the creator(s) plus 70 (seventy) years after his death.
  
• Better Protection of the economic rights of the creator and / or owner of Related Rights, including limiting the transfer of economic rights in the form of true sale (sold flats).
• Settlement of disputes effectively through mediation, arbitration or the courts, as well as proceeding of a crime on complaint for criminal prosecution.
• Business owner is responsible for the trading venues where the sale and / or violations Copyright and / or related rights in a shopping center management.
• Copyright as intangible objects can be used as fiduciary.
• Ministers are given the authority to remove a work that has been recorded, when Creation violate religious norms, norms of morality, public order, defense and homeland security, as well as the provisions of the legislation.
• Creator, the Copyright Holder, Related Rights owners become members of the Collective Management Organization in order to draw remuneration or royalty.
• The creator and / or owner of Related Rights Royalties rewarded for the work or product rights Related made in official relations and commercial use.
• Collective Management Institute which serves to collect and manage the economic rights of the Creator and Related Rights owners are required to apply for an operating permit to the Minister.
• Use of Copyright and Related Rights in the multimedia facilities to respond to developments information and communication technology.

REQUIREMENTS FOR COPYRIGHTS PROTECTION IN INDONESIA

• Name, address & nationality of creator(s).
• Name, address & nationality of copyright holder [if the creator(s) is not act as copyright holder(s)]
• Assignment of right from creator(s) to copyright holder(s).
• Power of Attorney [simply signed] by the copyright holder(s) [no notarization or legalization required]
• Date and place of the first publication of such creation in anywhere.
• Sample(s) of creation.

For more information, please feel free to email us at: info@budiman-iplaw.com