User:David Wadie Fisher-Freberg/Indonesia copyright explanation/mk

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Авторскоправни правила: Индонезија
Кратенка: COM:ИНДОНЕЗИЈА
Знаме на Индонезија
Карта на Индонезија
Времетраење
Стандардно Животен век + 70 години
Фотографија Објавување + 50 години
Анонимни Објавување + 50 години
Аудиовизуелни Објавување + 50 години
Применета уметност Објавување + 25 години
Други
Чести лиценцни ознаки {{PD-old-auto}}
{{PD-IDNoCopyright}}
{{PD-IDGov}}
{{PD-IDOld-Art58}}
{{PD-IDOld-Art59}}
{{PD-IDUnknown}}
Договори
Бернска спогодба 5 September 1997
Член на СТО 1 January 1995
Датум на УРАА‌* 1 January 1996
Договор на СОИС 6 March 2002
*‌Едно дело обично ужива заштита во САД ако подлежи на авторски права во земјата, е објавено по 31 декември 1928 г. и заштитено во земјата на потекло со датумот на УРАА.

This page provides an overview of copyright rules of Indonesia relevant to uploading works into Wikimedia Commons. Note that any work originating in Indonesia must be in the public domain, or available under a free license, in both Indonesia and the United States before it can be uploaded to Wikimedia Commons. If there is any doubt about the copyright status of a work from Indonesia, refer to the relevant laws for clarification.

Governing laws

[edit]

The Dutch East Indies was a colony of the Netherlands until 1949, when it gained independence as Indonesia. From 1912 to 1982, copyright is governed by Auteurswet 1912 (Stbld No. 600/1912). The first Indonesian copyright legislation was passed as the 1982 Copyright Law (Undang-Undang Nomor 6 Tahun 1982 tentang Hak Cipta). It was amended twice in 1987 (Undang-undang Nomor 7 Tahun 1987) and 1997 (Undang-Undang Nomor 12 Tahun 1997).

The principal copyright legislation of Indonesia is the 2014 Copyright Law (Undang-Undang Nomor 28 Tahun 2014 tentang Hak Cipta), which was in force since 16 September 2014. The law's text is available in WIPO Lex database. In addition, certain government works also falls under the provisions of:

Indonesia is a High Contracting Party to:

Indonesia enjoys a special copyrights protection treaty relationship with the United States under provisions of the 1989 American-Indonesian Copyrights Protection Agreement. Under the international law principle of lex specialis, copyright disputes involving American and Indonesian parties and/or works must abide by the treaty first, as it is in the level of a public law (Undang-Undang).

Relevant secondary statutes which enforces the provisions of laws mentioned above includes:

General definition

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The 2014 Copyright Law define the following terms as:

  • "Copyright" means an exclusive right of the author vested automatically on the basis of declaratory principle after Works are embodied in a tangible form without reducing by virtue of restrictions in accordance with the provisions of laws and regulations.[1]
  • "Author" means a person or several persons who individually or jointly produce works that are unique and personal.[2]
  • "Works" mean any scientific, artistic, and literary works resulted from inspiration, ability, thought, imagination, dexterity, skill or expertise expressed in a tangible form.[3]
  • "Copyright Holder" means an Author as the Copyright owner, the party acquiring a lawful right from the Author, or other parties who acquire subsequent rights from the party such acquiring lawful rights.[4]
  • "Related Right" means any right related to Copyrights that constitute the exclusive right of the performer, producer of phonogram or Broadcasting organization.[5]
  • "Performer(s)" means one or several persons who individually or jointly display and perform works.[6]
  • "Portrait" means a photographic work with a human object.[7]
  • "Publication" means any reading, broadcasting, exhibition of works using any means, either electronically or non-electronically, or performing in any way so that works can be read, heard, or seen by others.[8]
  • "Reproduction" means any process, act, or method of Reproducing one or more copies of Works and/or phonogram by any mean and in any form, permanently or temporarily.[9]
  • "Broadcasting" means a transmission of a Work or a Related Rights product by wireless means to be received by anyone in any location away from originated transmission.[10]
  • "Communication" to the public, hereinafter referred to as Communication, means the transmission of Works, performances, or Phonograms, by wire or other media other than Broadcasting to be received by the public, including producing Works, performances, or Phonograms available for public access from a place and at a time individually chosen by them.[11]
  • "Distribution" means the sale, circulation, and/or dissemination of Works and/or Related Rights products.[12]
  • "Commercial Use" means any use of Works and/or Related Rights products with the purpose of gaining economic benefits from various sources or by payment.[13]

Summary of rules

[edit]

For the following works, term runs for the author's life + 70 years;[14] or in case the copyright is owned by 2 (two) or more persons, for a term consisting of the life of the last surviving author and 70 years after such last surviving author’s death, commencing from 1st January of the year following the event;[15] or in the case the copyright is owned by a legal entity, for 50 years since its first publication[16]:

  • books, pamphlets, and all other written works;
  • talks, lectures, speeches, and other similar Works;
  • props made for education and scientific purposes;
  • songs or music with or without lyrics;
  • dramatic works, musical dramas, dances, choreography, puppet shows, pantomimes;
  • fine art works in all forms such as paintings, drawings, engravings, calligraphy, sculpture, sculptures, or collage;
  • architectural works;
  • maps; and
  • batik art works or other pattern arts.

For the following works, term runs for 50 years since its first publication[17]:

  • photographic works;
  • portraits;
  • cinematographic works;
  • video games;
  • computer programs;
  • typholographical arrangement of written works;
  • translations, interpretations, alterations, anthologies, databases, adaptations, arrangements, modifications and other work resulting from transformation;
  • translations, adaptations, arrangements, transformations or modifications of traditional cultural expressions;
  • compilation of Works or data, either in a readable format by a Computer Program or other media; and
  • compilation of traditional cultural expressions insofar as the compilation is an original work.

For an undeclared work by an unknown author or a published work with unknown author, in which copyright of the work become held by the State,[18] the term runs for 50 years since first publication.[19]

For works exercised by the party performing the publication[20], the term runs for 50 years.[21]

For works of applied art, the term runs for 25 years.[22]

For the traditional cultural expressions held by the State[23], the term runs indefinitely.[24]

Public domain

[edit]

The 2014 Copyright Law retains influences of Dutch coypright law, which does not treat "no copyright" (hasil karya yang tidak dilindungi hak cipta) and "acts that are not considered as copyright infringements" (perbuatan yang tidak dianggap sebagai pelanggaran hak cipta) as two different things

Photographic works from Indonesia published before 1971 may be in the public domain in the United States if they were published without a copyright notice and not published in the US within 30 days after their Indonesian publication. The 1982 Copyright Law was in effect at the time of the URAA and prescribed a 25-year post-publication copyright for photographic works, so works published before 1971 would have been public domain at the time of the URAA.

Works that are in public domain because it is not protected by copyright:[25]

  • works that have not been embodied in tangible form;
  • every idea, procedure, system, method, concept, principle, findings or data despite having been expressed, stated, described, explained, or incorporated in a Work; and
  • tools, objects, or products that are created solely to resolve technical problems or of which form only serves functional needs.

Works that are in public domain because its nature as a work of:[26]

  • results of open meetings of State institutions;
  • laws and regulations;
  • State speeches or speeches of government officials;
  • court decisions or judge provisions; and
  • scriptures or religious symbols.

Works that are in public domain because acts of it are not considered as copyright infringements:[27]

  • publication, distribution, communication, and/or reproduction of State emblems and national anthem in accordance with their original nature;
  • any pblication, distribution, communication, and/or reproduction executed by or on behalf of the government, unless stated to be protected by laws and regulations, a statement to such works, or when publication, distribution, communication, and/or reproduction to such works are made;
  • taking of actual news, either in whole or in part from a news agency, broadcasting organization, and newspaper or other similar sources provided that the source is fully cited; or
  • the production and distribution of the copyrighted content through information technology and communication media that are not commercial and/or lucrative for the author or related parties, or the Author expresses no objection to the manufacture and dissemination in question.
  • reproduction, publication, and/or distribution of portraits of the President, Vice President, former Presidents, former Vice Presidents, National Heroes, heads of State institutions, heads of ministries/nonministerial government agencies, and/or the heads of regions by taking into account the dignity and appropriateness in accordance with the provisions of laws and regulations.

Works that are in public domain because it is executed by or on behalf of the government, unless stated otherwise by Article 43 (2) of the 2014 Copyright Law:

  • public information that belongs to a public agency:[28]
    • information related to the public agency;
    • information concerning activities and performance of the public agency;
    • information concerning financial report; and/or
    • other information deemed necessary by legislations.
  • public informations that must be made available at all time:[29]
    • a list of all public information under its control excluding exempted information;
    • public agency’s decision and its considerations;
    • existing policy and its supporting documents;
    • working project arrangement including public agency’s annual expenditure estimation;
    • agreement between public agencies and third parties;
    • information and policies presented by public officials in open to public meetings;
    • Public Body’s operational procedure related to public services; and/or
    • any report concerning public information access service as stipulated in this act.
  • public information that belongs to national or local government-owned corporations and/other business entites owned by the state:[30]
    • name and location, purposes and objectives also line of business, time of establishment, and capital, as stated in the Articles of Association;
    • full names of shareholders, members of directors, and members of board of commissioners;
    • audited annual reports, financial reports, profit balance reports, and corporate social responsibility reports;
    • assessments by external auditors, credit appraisal institutions and other appraisal institutions;
    • remuneration system and allocation for members of board of commissioners/supervisors and directors;
    • selection procedure of directors and board of commissioners/supervisors;
    • any legal cases that are accessible according to legislations;
    • implementation guidance for good corporate governance based on principles of transparency, accountability, responsibility, independence and appropriateness.
    • announcements of stocks issuance that may be categorized as debts;
    • replacements of the corporation’s auditor accountants;
    • changes of the company's fiscal year;
    • projects assigned by the Government and/or public service obligation or subsidy;
    • procedure for the procurements of goods and services; and/or
    • other information required by legislations concerning State Owned Corporations/Local Owned Corporations.
  • public information that belongs to political parties:[31]
    • principles and objectives;
    • general programs and activities of the political party;
    • name, address and organizational structure and its changes;
    • management and use of funds originated from State Revenue and Expenditure Budget and or Local Revenue and Expenditure Budget;
    • decision making procedures of the party;
    • party’s decisions resulting from a conference/congress/national conference and/or other decisions that are open to public according to the party’s articles of association and statutory regulations; and/or
    • other information required by legislations concerning political parties.
  • public information that belongs to nongovernmental organizations:[32]
    • principles and objectives;
    • programs and activities of the organization;
    • name, address, organizational structure, and its changes;
    • management and use of funds originated from State Revenue and Expenditure Budget and or Local Revenue and Expenditure Budget, public donation, and/or foreign origin;
    • decision making procedures of the organization;
    • decisions of the organization; and/or
    • other information stipulated under legislations.
  • public information that are not covered by the exempted information provision (Art. 17 of the 2008 Access to Public Information Law):[33]
    • verdict of court of law;
    • affirmation, decision, regulation, circular letter or other types of policies, either binding or nonbinding, internally or externally, and any consideration of law enforcement institutions;
    • warrant to discontinue investigation or prosecution;
    • annual expenditure plan of law enforcement institutions;
    • annual financial report of law enforcement institutions;
    • report of corruption fund restitutions; and/or
    • other information as referred to in Article 11 (2).
  • Intellectual properties resulted from research and development activities hosted by universities and research institutions that are fully funded by the national or local government.[34][35]
  • Geospatial information, which includes base geospatial information[36] and thematic geospatial information.[37] The information made by national and/or local government must be opened for public access unless otherwise regulated.[38] The information may be published as:[39]
    • Information table with coordinate;
    • Printed map, in the form of sheet as well as atlas;
    • Digital map;
    • Interactive map, including the ones that can be accessed through information and communication technology;
    • Multimedia map;
    • Globe; or
    • Three-dimensional model.

Currency

[edit]

Shortcut

See also: Commons:Currency

OK. The design, printing, and distribution of Rupiah banknotes and coins are regulated by the 2011 Currency Law. Bank Indonesia, the central bank and an independent state agency,[40] prints Rupiah on behalf of the government.[41] Publication, distribution, communication, and/or reproduction executed by or on behalf of the government, unless stated to be protected by laws and regulations, a statement to such Works, or when publication, distribution, communication, and/or reproduction to such works are made are not considered an infringement of copyright.[42]

Please use {{PD-IDGov}} for images of Indonesian currency.

Freedom of panorama

[edit]

Shortcut

See also: Commons:Freedom of panorama

Inconclusive. The 2014 Copyright Law is silent on the matter of FOP. It is stated that "unless agreed otherwise, the owner and/or holder of a works of photography, paintings, drawings, architectural work, sculpture or other artistic works have the right to make a publication of the works in a public exhibition or a reproduction in a catalog produced for exhibition purposes without any consent of the author".[43] The provisions regarding the publication of works as referred to in Art 15 (1) "also apply to portraits insofar as they do not contradict the provisions as referred to in Article 12"[44], which stated that:

  • Commercial use, reproduction, publication, distribution and/or communication of a portrait taken for commercial billboards or advertising purposes without the written consent of the persons in the portrait or their heirs is prohibited;[45]
  • Commercial use, reproduction, publication, distribution and/or communication of the portrait as referred to in the previous section, containing portraits of 2 (two) or more persons, are obligated to request the consent of the persons in the portrait or their heirs.[46]

The only scholarly work about FOP in Indonesia to date based its research on the now-repealed 2002 Copyright Law, which has similar provisions, and concluded that "it is possible for other people beside the authors of copyright-protected works to display or reproduce photographic works, although in a very limited manner", but concluded that it "does not mean that the freedom of panorama is prohibited".[47]

Stamps

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See also: Commons:Stamps

OK. Indonesian stamps are printed by Pos Indonesia, a state-owned corporation, on behalf of the Director-General of Information and the Postal Service at Ministry of Communication and Information Technology (Kemenkominfo), a public agency. Therefore, all stamps are in public domain as a work executed by or on behalf of the government under Article 43 (2) of the 2014 Copyright Law.[48]

[edit]

Shortcut

See also: Commons:Copyright tags

  • {{PD-IDGov}} – Indonesian public domain because the artwork/file was published and/or distributed by the government of Republic of Indonesia and fulfills the conditions of Chapter II, Section 5, Article 14 of the Indonesian Copyright Act No. 19, 2002, see Commons:Licensing.
  • {{PD-IDOld-Art29}} – Indonesia public domain of old writings, music, arts, architecture, lectures, maps and translation products.
  • {{PD-IDOld-Art30}} – Indonesian public domain of old pictures, movies, software and other engineered products.
  • {{PD-IDOld-Art58}} – Public domain because its copyright has expired according to Article 58 of the 2014 Law
  • {{PD-IDOld-Art59}} – Public domain because its copyright has expired according to Article 59 of the 2014 Law
  • {{PD-IDUnknown}} – Public domain because its copyright has expired according to section (2) and (3) from Articles 60
  • {{PD-IDNoCopyright}} – no copyright according to Article 42 of the Indonesia Copyright Law No 28, 2014

References

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  1. ↑ Art. 1 (1), 2014 Copyright Law.
  2. ↑ Art. 1 (2), 2014 Copyright Law.
  3. ↑ Art. 1 (3), 2014 Copyright Law.
  4. ↑ Art. 1 (4), 2014 Copyright Law.
  5. ↑ Art. 1 (5), 2014 Copyright Law.
  6. ↑ Art. 1 (6), 2014 Copyright Law.
  7. ↑ Art. 1 (10), 2014 Copyright Law.
  8. ↑ Art. 1 (11), 2014 Copyright Law.
  9. ↑ Art. 1 (12), 2014 Copyright Law.
  10. ↑ Art. 1 (15), 2014 Copyright Law.
  11. ↑ Art. 1 (16), 2014 Copyright Law.
  12. ↑ Art. 1 (17), 2014 Copyright Law.
  13. ↑ Art. 1 (24), 2014 Copyright Law.
  14. ↑ Art 58 (1), 2014 Copyright Law.
  15. ↑ Art 58 (2), 2014 Copyright Law.
  16. ↑ Art 58 (3), 2014 Copyright Law.
  17. ↑ Art 59 (1), 2014 Copyright Law.
  18. ↑ Art 39 (1) & (3), 2014 Copyright Law.
  19. ↑ Art 60 (2), 2014 Copyright Law.
  20. ↑ Art 39 (2), 2014 Copyright Law.
  21. ↑ Art. 60 (3), 2014 Copyright Law.
  22. ↑ Art 59 (2), 2014 Copyright Law.
  23. ↑ Art 38 (1), 2014 Copyright Law.
  24. ↑ Art 60 (1), 2014 Copyright Law.
  25. ↑ Art. 41, 2014 Copyright Law.
  26. ↑ Art. 42, 2014 Copyright Law.
  27. ↑ Art. 43, 2014 Copyright Law.
  28. ↑ Art. 9 (2), 2008 Access to Public Information Law.
  29. ↑ Art. 11 (1), 2008 Access to Public Information Law.
  30. ↑ Art. 14, 2008 Access to Public Information Law.
  31. ↑ Art. 15, 2008 Access to Public Information Law.
  32. ↑ Art. 16, 2008 Access to Public Information Law.
  33. ↑ Art. 18 (1), 2008 Access to Public Information Law.
  34. ↑ Art. 5 (1), 8 & 9, Govt. Reg. No. 20/2005.
  35. ↑ Elucidation of Art. 2, Govt. Reg. No. 20/2005: "Kekayaan intelektual serta hasil kegiatan penelitian dan pengembangan yang dihasilkan melalui kegiatan penelitian dan pengembangan dalam hal ini antara lain meliputi:
    • hak-hak kekayaan inteletual yang telah terdaftar pada pemerintah sesuai dengan ketentuan peraturan perundang-undangan seperti Hak Cipta, Paten, Merek, Desain Industri, Desain Tata Letak Sirkuit Terpadu, dan Varietas Tanaman yang merupakan hasil kegiatan penelitian dan pengembangan;
    • penemuan-penemuan baru yang dapat dikategorikan sebagai hak kekayaan intelektual yang merupakan hasil kegiatan penelitian dan pengembangan berdasarkan perjanjian dan/atau kerjasama dengan pihak lain;
    • pengembangan dari suatu kekayaan intelektual yang merupakan hasil kegiatan penelitian dan pengembangan; dan/atau
    • penemuan-penemuan baru lain dan/atau pengembangan dari suatu penemuan yang merupakan hasil kegiatan penelitian dan pengembangan yang mempunyai nilai guna bagi masyarakat dan negara."
  36. ↑ Chapt 2 (Art 5-18), 2011 Geospatial Information Law.
  37. ↑ Chapt 3 (Art 19-21), 2011 Geospatial Information Law.
  38. ↑ Art 43, 2011 Geospatial Information Law.
  39. ↑ Art. 35, 2011 Geospatial Information Law.
  40. ↑ Art 4, 1999 Bank Indonesia Law.
  41. ↑ Art 11, 2011 Currency Law
  42. ↑ Art 43 b, 2014 Copyright Law.
  43. ↑ Art 15 (1), 2014 Copyright Law.
  44. ↑ Art 15 (2), 2014 Copyright Law.
  45. ↑ Art 12 (1), 2014 Copyright Law.
  46. ↑ Art 12 (2), 2014 Copyright Law.
  47. ↑ Sudharto, Alifia Qonita. "Copyright law and the freedom of panorama: The right to commercialise photographs of protected works." Victoria University Wellington, Master of Laws dissertation (2014).
  48. ↑ Art. 26 & 27, Min. of Comm. & Info. Tech. Reg. No. 21/2012 on Stamps.
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