Copyright Recordation: Why it isn’t Mandatory and Why You Should Do it anyway
In Indonesia, “copyright” or the rights to a work is inherent, this means that the moment that one creates an original work—whether it’s a song, book, film, painting etc they immediately have certain legal rights over it. Unlike trademarks, patents, or industrial designs, you do not need to register your work with the Directorate General of Intellectual Property to rights over your work.
However, just because registration (or recordation in Indonesia) isn’t mandatory doesn’t mean it’s not important. In fact, there are several practical reasons to register your copyright—especially in today’s digital and commercial environment.
Below we will discuss why registering your work isn’t mandatory, and why you should still do it.
Why Registration Isn’t Mandatory
Indonesia’s Law No 28 Year 2014 on Copyright adheres to a principle similar to most modern copyright systems: protection arises automatically upon creation. This reflects the idea authors should immediately enjoy exclusive rights to reproduce, distribute, perform, adapt their work, as well as other rights bestowed by the relevant regulations. Unlike other regimes of IP, which require formal registration to gain legal recognition and enforceability, your copyright exists the moment your work is fixed in a tangible form (written, recorded, or otherwise documented).
This is a common copyright principle that is formalized by the Berne Convention. Article 5(2) of the convention states that the “enjoyment and exercise” of copyright rights “shall not be subject to any formality.” This means that protection arises automatically the moment a work is created and fixed, without any need for registration, notice, or other procedural steps. By prohibiting formalities as a condition for protection, Berne ensures that authors receive immediate and universal rights simply by creating their work.
However, it’s important to note that registration can still be mandatory for certain legal or practical purposes even though it is not required for copyright to exist. Countries may require registration to access specific remedies, establish public records, or certain administrative processes, and these requirements do not violate Berne’s provisions because they do not condition the existence or “enjoyment and exercise” of rights on registration. In other words, Article 5(2) prohibits making registration a prerequisite for having copyright, but it does not forbid mandatory registration for other procedural functions.
Why You Should Do Recordation Anyway
Even though recordation is not mandatory and that Authors have inherent rights to their works, copyright registration is still a worthwhile endeavour as it offers significant practical advantages. Below we have compiled several reasons as to why:
- Support and Deterrent in Legal Disputes
While your right to your work exists automatically, disputes can arise. Another party may emerge to challenge your ownership, use your work without authorization, claim that you copied them, or other unwanted copyright related disputes. In such cases, an official and certified document of recordation would be an incredibly helpful tool in supporting your position. Recordation is a tool of legal enforcement of your rights, making it easier to defend your ownership should the need to do so arises.
Furthermore, aside as protection during disputes, document of recordation could also act as protection from the disputes arising—as it could be deterrent against infringement or copying because potential infringers can more easily check who holds the rights.
- Digital Platform Enforcement
Digital platforms often require official registration when processing takedown requests. For example, YouTube, TikTok, and Instagram often require copyright certificates for content removal requests. Likewise, e-commerce platforms like Tokopedia or Shopee may request document of recordation when removing listings of pirated content. Copyright recordation would offer extra security from infringement in these platforms.
- Facilitates Licensing and Commercial Use
If you plan to license your work, it is important to remember that Indonesia requires copyright recordation of license agreements. This obligation is stipulated in Government Regulation No. 36 of 2018 on the Recordation of IP License Agreements, which mandates that if a copyright work has not yet been recorded at the DGIP, it is necessary to record the copyright work before recording a copyright license agreement.
- Business Reputation and Opportunities
In line with the above point, copyright recordation in general strengthens the commercial value of a work by providing a legal basis for licensing, partnerships, adaptations and other business opportunities as it allows for other parties to trust and invest in it. Certified proof of recordation could boost a creator’s reputation as it signals professionalism and credibility in business dealings. For creators looking to maximize the commercial value of their work, recordation is a must.
How to Record Your Copyright in Indonesia
Recordal is straightforward:
- Prepare Your Work
- Music, books, films, software, or other creations.
- Submit an Application to DJKI
- Online via the e-filling Indonesian IP Office portal or offline.
- Provide Documentation
- A copy of the work (PDF, audio/video file, manuscript, etc.)
- Identity of the author(s)
- Any licensing agreements, if applicable
- Pay the Administrative Fee
- Receive a Notification of Recordation
- DJKI issues a Surat Pencatatan Hak Cipta, which becomes legal proof of ownership.
Conclusion
While copyright protection in Indonesia exists automatically upon creation (adhering with common copyright norms), registration or recordation remains a highly valuable step that can prevent disputes, make enforcement easier and maximize commercial opportunities. We at Am Badar & Am Badar are richly experienced in handling copyright recordations and other protection related inquiries for the sake of our clients’ valuable work. For more information on this topic or other IP related inquiries, contact us at ambadar@ambadar.co.id
