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New Indonesian Copyright Law

Intellectual Property and Brand Protection

The Republic of Indonesia has just issued a New Copyright Law with the enactment of Law No. 28 of 2014 concerning Copyright. The New Copyright Law repeals the previous Copyright Law, namely Law No. 19 of 2002 concerning Copyright (the “Old Copyright Law”).

 
The New Copyright Law makes some significant changes to the Old Copyright Law, among others, concerning the period of copyright protection. If the copyright protection was previously given for a period of the creator’s lifetime and continue for 50 years after the death of the creator then under the New Copyright Law, the current period of certain copyright protection has been extended for a period of creator’s lifetime and continue for 70 years after the death of the creator, unless the work is owned or held by a legal entity in which the period of copyright protection is valid for 50 years as from the first publication. In addition, the New Copyright Law provides a better protection on the economic right of creator and/or owner of right related to copyright by giving the restriction on transfer of economic right in the form of sold flat (Jual Putus). The copyright of the work transferred in the form of sold flat agreement and/or transfer for indefinite period will revert to the creator when the agreement has already achieved a period of 25 years.
 
Furthermore, if the Old Copyright Law did not expressly stipulate whether or not the copyright can be an object of fiducia security, then with the New Copyright Law, it is clearly stipulated in Article 16 Paragraph 3 of New Copyright Law that the copyright is an object of fiducia security. Additionally, pursuant to the New Copyright Law, the Minister of Law and Human Right is authorized to delete a registered work/creation, if it turns out that the work violates moral norm, public order, defense and security of state or the law and regulations. 

Another important stipulation in this New Copyright Law is Management of Collective Right. Management of Collective Right is a non-profit legal entity authorized by creators, copyright holders and/or owners of right related to copyright to manage their economic rights in the form of collecting and distributing royalty.
 
Source: Ekonid
 
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