In today’s digital landscape, copyright stands as a crucial shield safeguarding creative endeavors, literature, music, software, and art. According to research by the Global Intellectual Property Center, out of 38 countries surveyed globally, Indonesia ranks 33rd in intellectual property protection.
This suggests that numerous businesses overlook the significance of copyright claims, leading to frequent infringement cases without legal repercussions. To avoid these problems, Am Badar & Am Badar supports businesses facing copyright challenges.
Before moving forward, reading A Step-by-Step Guide to Copyright Recordation in Indonesia is recommended. You can also check the insight and services page, or contact the team.
What is Protected by Copyright in Indonesia?
Under Indonesian Copyright Law No. 28 of 2014, various categories of creative works are safeguarded, ensuring intellectual property rights for creators. Understanding these categories is crucial for businesses and individuals to respect copyright laws and avoid copyright claim.
Original Literary Works
Literary works encompass a broad spectrum, including books, articles, essays, scripts, and other written materials. To be protected from copyright litigation, each piece must be original, demonstrating the author’s intellectual effort and creativity.
Musical Compositions
Musical compositions, whether instrumental or vocal, are protected under copyright law. This includes both the musical notation and the arrangement of sounds, providing exclusive rights to composers and musicians.
Software
Software, an integral part of modern technology, receives copyright protection in Indonesia. This extends to computer programs, applications, and databases, safeguarding the intellectual efforts of programmers and developers.
Artistic Creations
Artistic creations encompass a diverse range of visual arts, including paintings, sculptures, photographs, and other forms of visual expression. Each artwork is protected if it reflects the creator’s originality and creativity, which serves as a defense against potential copyright claims.
Cinematographic Works and Sound Recordings
Cinematographic works, such as films, videos, and sound recordings, are protected under copyright law. This includes the audiovisual elements, storyline, characters, and soundtrack, ensuring the rights of filmmakers, producers, and performers.
Copyright Ownership and Duration
Copyright ownership is a fundamental principle that grants exclusive rights to creators over their original works.
In Indonesia, copyright protection is automatically granted upon creating an original work, providing creators with legal rights to control the use and distribution of their creations.
The duration of copyright protection varies depending on the type of work. Here is a brief overview:
- A lifetime of Creator + 70 Years: Ensures rights preservation for future generations.
- Computer Programs: 50 years from first publication, ensuring fair competition.
- Performers: 50 years from initial presentation, defending rights.
- Sound Recording Producers: 50 years from recording fixation, preserving rights.
- Broadcasting Organizations: 20 years from first broadcast, encouraging industry investment.
Copyright Infringement and Enforcement Actions
In Indonesia, businesses may encounter various scenarios of copyright infringement, including:
- Unauthorized Use of Copyrighted Material: Inadvertent use of copyrighted material without proper permission or licenses.
- Software Piracy: Illegally copying, distributing, or using software without valid licenses.
- Online Copyright Infringement: Challenges arise with unauthorized sharing or streaming of copyrighted digital content.
In case of copyright infringement, copyright holders have legal remedies to enforce their rights and seek redress. Typically, courts offer a wider array of legal remedies, such as injunctive relief and possibly larger amounts of statutory damages:
Cease-and-Desist Letters
Copyright holders can send cease as well as desist letters to infringers, request them to stop the infringing activities and possibly seek compensation for damages.
Injunctions
Courts may grant injunctions, ordering infringers to cease their infringing activities immediately to prevent further harm to the copyright holder’s rights.
Damages
Copyright holders may seek monetary damages from infringers to compensate for the losses incurred due to copyright infringement, such as lost profits or licensing fees.
Responding to Copyright Claims in Indonesia
When businesses or intellectual property (IP) firms in Indonesia face a copyright infringement, it is crucial to handle the situation meticulously to mitigate potential damages and uphold their reputations. Here are the key steps that should be taken:
Assessing the Claim
The initial step is to assess the claim’s validity and extent. Businesses compare their use to the original, consider fair use, and identify legal exemptions. Gathering pertinent documents and evidence is vital to gauge the claim’s strength.
Negotiation and Resolution:
Before moving towards litigation, it is often beneficial to explore amicable settlement options. Negotiating with the copyright holder can lead to a resolution that satisfies both parties, such as agreeing on a licensing fee or a contract adjustment.
Litigation
If negotiations do not resolve the issue, litigation may be the next step. At this point, securing experienced legal representation is crucial. Businesses should hire an IP law firm with a strong track record in copyright law to defend their interests in court.
Importance of Professional Legal Advice
Throughout the process of responding to a copyright claim, it is imperative to seek professional legal advice. An IP law firm like Am Badar & Am Badar, known for its expertise in copyright law, can provide invaluable guidance.
These legal experts can assist in assessing the claim, negotiating effectively, and litigating if necessary, ensuring that the business’s rights are robustly defended.
Best Practices for Managing Copyright Risk
To minimize the risk of a copyright infringement, businesses and IP firms should adopt several proactive strategies:
- Implementing clear copyright policies and conducting regular training sessions can significantly enhance copyright awareness among employees;
- Obtain proper licenses for copyrighted materials to prevent legal issues;
- Maintain thorough copyright registration records as evidence of ownership, aiding in dispute resolution.
Work with Am Badar & Am Badar, Here are the Benefits
When collaborating with Am Badar & Am Badar to handle copyright claims in Indonesia, numerous benefits emerge:
- Our profound comprehension of Indonesian Copyright Law ensures adherence and skillfully addresses legal complexities;
- Effective communication bridges cultural gaps, easing negotiations with rights holders or courts;
- Strategic representation to develop a strong defense strategy and advocate for the client’s interests in case of litigation;
- Specific services encompass risk evaluations, registration aid, negotiation representation, vigorous court defense, and continuous rights protection.
By prioritizing copyright protection, businesses and inventors can mitigate risks and effectively address copyright claims. Partnering with Am Badar & Am Badar can aid in managing copyright litigation efficiently.
Established in 1965, we’re a credible, reliable, and up-to-date IP law firm, offering various services like copyright services. Contact us for tailored solutions to your copyright needs in Indonesia. Also, you can explore additional post for further insights, such as A Brief Understanding of Infringement of Copyright and Remedies.
References
- https://www.cekindo.com/blog/copyright-law-indonesia
- https://wipolex-res.wipo.int/edocs/lexdocs/laws/en/id/id064en.pdf
- https://dgip.go.id/menu-utama/hak-cipta/pengenalan#:~:text=Masa%20Pelindungan%20Ciptaan,tahun%20sejak%20pertama%20kali%20dipertunjukkan.
- https://www.wipo.int/edocs/statistics-country-profile/en/id.pdf
Reviewed by Nabil Argya Yusuf
