Indonesia

Submitted by YLKI on Tue, 10/03/2009 - 03:53

Legal background

Copyright legislation	Law No. 19/2002 Copyright Act ("CA")
Patent legislation
Other relevant laws	Law No. 5/1999 on Prohibiting Monopolistic Practice and Unfair Business Competition ("Law No. 5")
Copyright treaties	Berne Convention	Rome Convention	Berne Appendix	TRIPS	WIPO Internet treaties	Paris Convention
Other treaties and trade agreements

Scope and duration of copyright

Does copyright end immediately after the minimum period mandated by the Berne Convention?	Yes Limited for 50 years after the author’s death or first publication.	CA, Article 29-34
Has a court or tribunal ever limited the exercise of IP rights under competition law, for example by imposing compulsory licensing or regulating royalties charged by dominant rights holders?	No	Law No. 5 Article 50 b
Has a court or tribunal ever limited the exercise of IP rights pursuant to a bill of rights or similar human rights instrument, for example by preventing copyright from being used to stifle protected speech?	No
Can databases of non-original material be reproduced without infringing a copyright or sui generis database right?	No	CA, Article 30 (1) d
Are rights holders prohibited from excluding user rights under copyright law?	Yes Law has primacy.
Is computer software excluded from the scope of patentable subject matter?

Freedoms to access and use

By Home Users	Is there any general user right that is based on a set of balancing criteria, such as a "fair use" right?	No
	Is time, space and format shifting allowed (such as ripping music from CD to an MP3 player)?	Yes However, only for non-commercial purposes.	CA, Article 1, 5 & 6
	Can consumers reproduce copyright material for their own use in the original format, for example for backup purposes?	Yes However, this only applies to computer software.	CA, Article 15 g
	Can works be communicated to a limited public (for example, family and friends) without infringing copyright?	Yes However, there cannot be the receipt of payment or commercial activities of any kind related to the communication.	CA, Article 15 c (ii)
For Education	May students copy works for private research or study?	Yes Sufficient acknowledgement to the creator must be provided.	CA, Article 15 (a)
	Does any such research and study provision cover distance and online education?	Yes
	May translations of works be made for educational purposes?	In part Only with the permission of the copyright holder.	CA, Article 16 (b)
	May educators copy works for use in the classroom?	Yes However, sufficient acknowledgement must be provided to the copyright owner.
Online	Are temporary or transient copies, incidental to a lawful use, excepted from copyright?	Yes	CA, Article 1 no. 5
	Does the law exclude or limit the liability of intermediaries such as ISPs for copyright infringements carried out on their network?	Yes Infringements are the responsibility of the user not the ISP.
	Is Internet access free of ISP filtering or monitoring for potential copyright-infringements?	Yes
By content creators	Is there any protection for consumers who non-commercially remix or mash up copyright works?	Yes	CA, Article 15 c (ii)
	May computer software be reproduced or transformed for the purpose of reverse-engineering interoperable software?	No Under the software user license agreement they cannot. However, if there is an exception in Indonesian law (eg for non-commercial education purposes) they may get away with it. It is legally unclear.
	Is the incidental inclusion of a work in other material permitted?	No
	Is there are copyright exception for parody or satire?	No
By the press	Is there a copyright exception for the news of the day?	Yes However, sufficient acknowledgement must be provided to the copyright owner.
	May copyright material be reproduced for the purposes of review and criticism?	Yes However, sufficient acknowledgement must be provided to the copyright owner.
	May quotations be used for any purpose?	Yes However, sufficient acknowledgement must be provided to the copyright owner.
By Libraries	May libraries copy works if they cannot reasonably be obtained commercially?	Yes Yes but limited. They can copy as long as it is not for commercial use and not a computer programme	CA, Article 15 (e)
	May librarians copy works for users for the purpose of research or study?	Yes But not for commercial distribution.	CA, Article 15 (e)
	Are libraries allowed to make preservation or archive copies of materials in their collections?	Yes
	Can lending libraries operate without incurring public lending rights fees to copyright owners?
By disabled users	Is it permissible to copy or adapt work for the use of those with disabilities?	Yes But not for commercial distribution.	CA, Article 15 (d)
In public affairs	Are laws excluded from copyright?	Yes	CA, Article 13
	Are other governmental works either excluded from copyright, or routinely shared under permissive licences?	Yes	CA, Article 14 (b)
	Are the results of publicly funded research required to be published under an open access licence?	No

Freedoms to share and transfer

Administration and enforcement

What is the maximum penalty for copyright infringement for an individual?	Up to 7 years imprisonment or Rp. 5 billions	CA, Article 72
What is the maximum penalty for copyright infringement for a corporation?	Up to 7 years imprisonment or Rp. 5 billions	CA, Article 72
Is innocent infringement of IP treated differently by the law?	No Not in law. It is up to the court.
Is the creation or distribution of devices that can circumvent technological protection measures (TPM) permitted, where such devices can be used for legal purposes?	Yes
Is the use of such devices by consumers or intermediaries permitted in the legal exercise of user rights?	No No, not unless the copyright holder has given permission.	CA, Article 27
Does national copyright or consumer protection law require that the effect of TPMs distributed with copyright works be disclosed to consumers?	No
Are there cases in which the availability of injunctive relief for IP infringement is limited by the law on public policy grounds?
Does the law protect a user's Internet access from being suspended for alleged copyright infringement, except after a hearing in court?	Yes
Are criminal sanctions limited to cases of large-scale commercial counterfeiting?	No
Are damages for copyright infringement limited to the loss sustained, rather than a pre-established or statutory damages award?	Yes
Is there provision to penalise the wrongful allegation of copyright infringement?	No
Is there provision to penalise the obstruction of consumers' exercise of user rights?
Does the patent system allow for pre-grant opposition?

Recent or upcoming changes

Summary of position

Indonesian Copyrights law respects education and research activity, in the article 15 Copyrights Law Number 19/2002 stated utilization (use) of copyrights material for research, education and scientific activity by the condition that source (copyrights material) must be mentioned is not considered as a copyrights infringement.

Similar with the issue (education), reproduce of copyrights material is not infringement for disable, unless the use of copyrights material for commercial reproduction. For home users (for their own use) reproducing CD, MP3 and the other computer program is allowed.

News in any media (electronic and non electronic) protected copyrights, reproduced of news wholly or partially for review or criticism is allowed, with provision the source must be mentioned clearly and complete (article 14 Copyrights Law No. 19/2002).

Indonesian copyrights law has been stated clearly. Copyright is the exclusive rights given by government to protect their creation. No one can use (announced and reproduced) without permission from copyright owner. If any reproduced without copyright owner permission is crime (infringement). Indonesia Copyright Law stated exception (especially for research, disabled and education) the use copyright material for non-commercial purposes only.

The point of view of this copyrights law is protection commercial interest of copyrights owner. Copyrights Law allowed copyrights material access and use for home user or internal purposes and for non-commercial purposes.

This work is licensed under a Attribution Share Alike Creative Commons license

Do copyright owners have the right to release their works to the public domain, without any limitation on how those works may be used?	No A formal statement/disclaimer is required.
Can public domain works be used without the need for any payment or registration of the use?
Does the law make special provision for the legal use of orphaned works?	No Orphaned works do not pass into the public domain.
Is parallel importation of copyright works permitted?	No
Are there national programmes or policies to promote the use, production or dissemination of openly-licensed material such as free and open source software or open educational resources?	Yes Indonesia Go Open Source is a programme that was initiated several years ago in a number of Government departments aimed at promoting the use of open source software by private users and the government. It is not legislative, but rather is just a policy to promote the growth of open source use. See http://www.igos.web.id/. In 2009 the Indonesian government sent around a circular encouraging government agencies to use FOSS (Free Open Source Software), with a view toward implementation by the end of 2011, which the Circular states will result in the use of legitimate open source and FOSS software and a reduction in overall costs of software.
Are there national programmes or policies that specify or promote the use of open document formats?	No

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