Copyright stands as a crucial component of intellectual property, offering broad protection to various forms of creative expression. However, there is a specific copyright duration for certain types of work.
For example, the duration of copyright protection for a fashion pattern design like batik might be different from the duration for another creative work like music. Read about: Can Fast Fashion Products Protected by Copyright Law? for fashion-related copyright matters.
So, understanding the duration of copyright is essential, as it dictates the period during which legal protection applies to a work. In this context, we at Am Badar & Am Badar provide expert counsel on copyright matters to ensure the long-term value of your creative assets.
You can access insights, services, as well as contact us page for further information. But before doing it, perhaps it is better to read this interesting topic below!
The Basics of Copyright Duration in Indonesia
In Indonesia, copyright law covers art, literature, science, and even computer programs. The rules about how long the duration of copyright lasts are in the Indonesian Copyright Law, which is Law Number 28 of 2014. Let’s delve into more details below:
1. The General Rule: Life of the Author Plus 70 Years
In general, someone’s work will be protected by copyright for the author’s or creator’s lifetime, and then an additional 70 years after they pass away. This 70-year duration will start from January 1 of the following year after the creator’s death.
Meanwhile, various works or creations regulated by this duration include:
- Pamphlets, books, and all kinds of written works.
- Lectures, speeches, presentations, and similar creations.
- Various types of teaching aids created for educational purposes.
- Music or songs, with or without lyrics.
- Dance, drama, musical drama, puppetry, pantomime, and choreography.
- All forms of visual arts, such as drawings, paintings, collages, calligraphy, carvings, sculptures, maps, architecture, batik art, and other motif arts.
These rules are created with various considerations, especially to balance the rights of creators and public access. To learn more about copyright and the laws governing it, please visit the Directorate General of Intellectual Property (DGIP) website directly.
2. Exceptions and Special Cases
While the standard duration of the 70-year duration applies to most works, exceptions exist for certain categories. There are various works with a duration of 50 years from the first announcement.
This applies to works held by legal entities. The same applies to the mentioned works if held by a legal entity, with protection lasting for 50 years from the announcement. Additionally, other works under legal entities with a 50-year protection duration include:
- Photographs
- Cinematographic works
- Portraits
- Video games
- Adaptations of written works
- Translations, interpretations, arrangements, compilations, modifications, and other transformative works
- Adaptations, arrangements, translations, or modifications of traditional cultural expressions
- Data compilations or creations, which may be in a format readable using programs, media, computers, etc.
- Compilations of traditional cultural expressions, provided they are original works.
Furthermore, there are other exceptions and special cases for copyright duration in the law, namely:
Anonymous and Pseudonymous Works
Anonymous works are those created without any known or acknowledged author, while pseudonym works are created by authors who use a fictitious name or pen name.
These creative works have a copyright duration of 95 years from the first publication/introduction or 120 years from creation. Between both options, the shorter duration applies.
Works Made for Hire
Works made for hire refer to creative works produced by an individual or entity under a contractual agreement, where the resulting work is considered the property of the hiring party rather than the creator.
An example is the creation of music for art performances. As for the duration, it is protected for 95 years from first publication or 120 years from creation (whichever is shorter).
Collective Works
As the name suggests, collective works are creative works that are produced collaboratively by multiple authors or contributors.
The copyright duration for this creative work follows the rule of 70 years after the death of the creator but is counted from the death of the last creator.
3. Public Domain and Works in the Public Domain
Meanwhile, when a work’s copyright has expired, there’s no more protection for that work, and it becomes part of the public domain. A work can also enter the public domain if the owner decides to release its copyright, like when they want to share it.
There are several benefits to creative works being in the public domain. For example, it can encourage more innovation and creativity in a broader scope. Additionally, it can provide wider access to education, history, and culture.
Maintaining Copyright Protection and Maximizing Value
Protecting your creations through copyright is not just about safeguarding your work. More than that, it’s also about maximizing its value. Let’s discover its importance and strategies below.
1. Importance of Copyright Registration
Registering your copyright is a crucial step for creators. It strengthens legal protection and clarifies ownership. With a registered copyright, you have a stronger legal standing to defend your rights.
Additionally, it provides a clear record of ownership, which can be valuable for licensing and commercialization opportunities. Am Badar & Am Badar law firm specializes in assisting creators with copyright registration, ensuring their rights are adequately protected.
For detailed guidance regarding the copyright registration process in Indonesia, you may refer to DGIP’s page.
2. Strategies for Long-term Copyright Management
Effective copyright management involves long-term strategies to preserve and enhance the value of your creative works. Some key strategies include:
- Exploring licensing opportunities allows you to generate revenue while retaining ownership rights.
- Maintaining accurate copyright records: It helps you track the use of your work and enforce your rights more effectively.
- Monitoring potential infringements: Regular monitoring allows you to identify potential infringements early and take appropriate action to address them.
- Considering renewals or adaptations to extend copyright duration protection (if applicable): The purpose is to keep your work relevant and valuable over time.
3. The Role of a Copyright Attorney
Copyright law can be tricky, but copyright attorneys are invaluable partners. Our team of experienced copyright attorneys at Am Badar & Am Badar can provide expert guidance on copyright issues, including registration, licensing, enforcement, and litigation.
By partnering with a knowledgeable copyright attorney, you can ensure that your rights are fully protected and maximize the value of your creative works. Here’s what we can do:
- Advising on copyright terms based on specific work characteristics
- Developing strategies to maximize copyright protection throughout its duration
- Enforcing copyright rights and addressing infringement issues
Collaborative Approach to Copyright Protection
A collaborative approach involves working with various stakeholders to ensure the effective safeguarding of creative works. By working with a reputable partner, creators will get various benefits in protecting their exclusive rights.
Benefits of Partnering with a Local IP Law Firm
So, collaborating with a local IP law firm like Am Badar & Am Badar offers insights into Indonesian copyright law. Our expert Copyright Service offers effective dispute representation and maximizes copyright duration for optimum protection.
We also provide more services on other IP-related legal matters. For further information, contact us or visit our insights page to read articles like Berne Convention: International Legal Basis of Copyright Protection.
Reviewed by Nabil Argya Yusuf
