Indonesia

Legal background

Scope and duration of copyright

Does copyright end immediately after the minimum period mandated by the Berne Convention? Yes
Limited to 50 years after the author’s death or the 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
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 12 (1) l, (2)
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? In part
Invention does not include rule and method concerning computer program
PA, Elucidation

Freedoms to access and use

By Home UsersIs there any general user right that is based on a set of balancing criteria, such as a "fair use" right? In part
The right of the Copyright Holder shall not apply to any work which is intended for ones own need and not using it for any commercial purposes
CA, Article 57
Is time, space and format shifting allowed (such as ripping music from CD to an MP3 player)? Yes
However, only for non-commercial purposes.
Can consumers reproduce copyright material for their own use in the original format, for example for backup purposes? Yes
This only applies to computer program/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 any payment or commercial activities of any kind related to the communication.
CA, Article 15 c (ii)
For EducationMay students copy works for private research or study? Yes
As long as the sources are fully cited.
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
As long as the sources are fully cited.
CA, Article 15 c (i)
OnlineAre 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 creatorsIs 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? Yes
CA, Article 23
Is there are copyright exception for parody or satire? No
CA, Article 24 (2) Elucidation
By the pressIs there a copyright exception for the news of the day? Yes
The sources shall be fully cited
CA, Article 14 (c)
May copyright material be reproduced for the purposes of review and criticism? Yes
The source shall be fully cited
CA, Article 15 (a)
May quotations be used for any purpose? Yes
However, sufficient acknowledgement must be provided to the copyright owner.
By LibrariesMay libraries copy works if they cannot reasonably be obtained commercially? Yes
Yes but limited. They can copy as long as it is for the purpose of conducting activities, 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
CA, Article 15 (e)
Can lending libraries operate without incurring public lending rights fees to copyright owners? Yes
By disabled usersIs 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 affairsAre 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
Under Disclosure of Public Information Act (Law No. 14/2008), information regarding the use of public funds shall be provided.

Freedoms to share and transfer

Do copyright owners have the right to release their works to the public domain, without any limitation on how those works may be used? In part
Law No. 11, Article 27-28
Can public domain works be used without the need for any payment or registration of the use? Yes
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
In 2009 the Indonesian government sent around a circular letter encouraging government agencies to use FOSS (Free Open Source Software), with a view toward implementation by the end of 2011, which 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

Administration and enforcement

What is the maximum penalty for copyright infringement for an individual? The maximum of 7 years imprisonment and/or Rp. 5 billions CA, Article 72
What is the maximum penalty for copyright infringement for a corporation? The maximum of 7 years imprisonment and/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? No
CA, Article 27
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? In part
Under the Consumer Protection Act (Law No. 8/1999), it states that consumers have right to obtain correct, clear and honest honest information. Witholding information can be categorized unlawful.
CPA, Article 4
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
CA, Article 56
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? No
Does the patent system allow for pre-grant opposition?

Recent or upcoming changes

There are several laws that can be indirectly connected with copyright issues. Law No. 11/2008 concerning Electronic Information and Transactions regulates prohibited acts which include distributing and transmitting electronic information and/or documents that can be considered unlawful. Some copyright works probably contain information that can be considered inappropriate to national or local culture. Then there should be limitation in releasing the works to the public domain.

Law No. 14/2008 concerning Disclosure of Public Information regulates information that should be available publicly. It includes Information held by public institutions or any institutions that get funding from the states or public. Among the information that should be provided is the use of public funds.   

 

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.

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