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Tue, 10/03/2009 - 03:53 — mich

Legal background

Scope and duration of copyright

Is the period of protection of each type of copyright work limited to the minimum duration mandated by the Berne Convention? YES
Limited for 50 years after the author’s death or first publication.		 CA, Article 29-34
Must a work be fixed in some material form before copyright attaches? NO
Is the exercise of copyright subject to competition law, for example by compulsory licensing or regulation of royalties in the case of copyright holders who misuse their monopoly power? NO
Law No. 5 Article 50 b
Is the exercise of copyright subject to compliance with a bill of rights or similar human rights instrument, for example by preventing copyright from being used to stifle protected speech? NO
Does the compilation of a database of non-original material fall outside the scope of copyright? NO
CA, Article 30 (1) d
Do exceptions and limitations in national copyright law prevail over contracts purporting to limit or override them? YES
Law has primacy.

Freedoms to access and use

By Home UsersIs there a general exception for the fair use of copyright material for any purpose that satisfies a set of balancing criteria? 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)
Does a collective licensing scheme permit the copying or sharing of copyright material by consumers in exchange for a media or equipment levy? NO
For EducationIs reproduction permitted for the purposes of 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? LIMITED
Only with the permission of the copyright holder.		 CA, Article 16 (b)
May works be reproduced and published by educational institutions in connection with systematic instructional activities? YES
However, sufficient acknowledgement must be provided to the copyright owner.
OnlineIs hyperlinking to a Web site allowed without permission of the site's owner? YES
CA, Article 1 no. 5
Are temporary or transient copies, incidental to a lawful use, excepted from copyright? YES
CA, Article 1 no. 5
Are ISPs protected from liability for infringements by third parties, because the law either does not impose liability upon intermediaries or limits their liability in certain circumstances? YES
Infringements are the responsibility of the user not the ISP.
Do ISPs provide Internet access without conducting filtering or monitoring for potential copyright-infringing material? YES
Are the names and personal information of customers who are alleged to have engaged in copyright-infringing behaviour protected from disclosure by their ISPs? NO
By content creatorsCan copyright works be non-commercially remixed or mashed up into new works? YES
CA, Article 15 c (ii)
May computer software be reverse engineered for the purpose of creating 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
Do creators who license their work retain the moral right of attribution? YES
By the pressIs 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 political speeches, speeches in judicial proceedings and/or other public speeches be used for any purpose? 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 LibrariesMay libraries copy works that 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 libraries 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
In making permitted copies, are libraries entitled to circumvent technological protection mechanisms (TPMs)? NO
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 excluded from copyright? YES
CA, Article 14 (b)
Is there a copyright exception for use of material in judicial proceedings? YES
CA, Article 15 (b)
Are the results of publicly funded research required to be published under an open access license? NO

Freedoms to share and transfer

May copyright works be freely offered for commercial rental? NO
Does the law permit a work to be released to the public domain before the copyright term expires, without any formality other than an overt act of relinquishment? NO
A formal statement/disclaimer is required.
Are orphaned works treated differently in the law to other copyright works, for example by allowing them to be compulsorily licenced, limiting remedies, or by releasing them into the public domain? NO
Orphaned works do not pass into the public domain.
Is parallel importation permitted? NO
Are there incentives for the use, production and dissemination of free and open source software within copyright law or elsewhere in national law/policy? 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/.
Are there incentives for the use, production and dissemination of open access material (e.g. textbooks) within copyright law or elsewhere in national law / policy? YES
The Department of Education has a programme to purchase the copyright on textbooks and then provide them at very low cost, or free online, to Indonesian school students. See http://bse.depdikna.go.id/.
Are there specifications or incentives in national law/policy for the use of open document formats? NO

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
Do the penalties for copyright infringement distinguish between personal versus (large-scale) commercial use, other than at the discretion of a judge? 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 purposes that would not infringe copyright? YES
Is the use of such devices by consumers permitted for any purpose that would not infringe copyright? NO
No, not unless the copyright holder has given permission.		 CA, Article 27
Does national copyright or consumer protection law require disclosure to consumers of the existence of TPMs and any potential limitations on the use of TPM-protected material? NO
Are the operations of copyright collectives subject to public oversight? NO
There is only one for recording artists.
Are ISPs independent of copyright owners, to the extent that no law or industry code of conduct requires them to notify their users who are alleged to have committed a copyright infringement online? YES
Are criminal sanctions limited to cases of large-scale commercial counterfeiting? NO
Are damages for copyright infringement based on the loss sustained, rather than by a pre-established or statutory damages award? YES
Is there provision to penalise the wrongful allegation of copyright infringement? NO

Conclusions

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, disable and education) the use copyright material for non-commercial purposed 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 purposed.

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