CHAPTER II
SCOPE OF COPYRIGHT
Part One
Function and Nature of Copyright
Article 2
(1) Copyright shall mean the exclusive right of an Author or a Copyright Holder to publish or reproduce his/her work, which emerges automatically after the creation of the work without prejudice to restrictions pursuant to the prevailing laws and regulations.
(2) An Author and/or a Copyright Holder of a cinematographic work and computer program shall have the right to give permission or to prevent any other person whom without his/her approval rents out the work concerned for commercial purposes.
Article 3
(1) A Copyright shall be deemed to be a movable good.
(2) A Copyright may move or be transferred either in whole or in part by:
a. inheritance;
b. donation;
c. testament;
d. written agreement; or
e. other reasons justified by laws and regulations.
Article 4
(1) A Copyright that is owned by the Author and after the Author passed away becomes the property of his heirs or the recipient of his testament and may not be confiscated unless the right is obtained in a manner against the law.
(2) A Copyright that is or has not been published after the Author passed away becomes the property of his heirs or the recipient of his testament and may not be confiscated unless the right is obtained in a manner against the law.
Part Two
Author
Article 5
(1) Unless proven otherwise, the person deemed to be the Author is:
a. the person whose name is registered in the General Register of Works at the Directorate General; or
b. the person whose name is mentioned in a Work or published as the Author of a Work.
(2) Unless proven otherwise, the person giving a lecture shall be deemed to be the Author of a lecture that is not written and for which there is no notification of the identity of the Author.
Article 6
If a Work consists of several separate parts that were created by two or more persons, the person deemed to be the Author shall be the one who led and supervised the completion of the entire Work, or if there is no such person, the person who compiled them, without prejudice to individual Copyright to parts of the Work.
Article 7
If a Work designed by someone is realised and worked out by other persons under his guidance and supervision, the Author shall be the person who has designed the Work.
Article 8
(1) If a work is made within an official service for another person in the scope of employment, the Copyright Holder shall be the party for whom and whose service the work was made, unless there has been another arrangement between the two parties, without prejudice to the right of the author if the use of the work is expanded beyond the official service.
(2) The provision as referred to in paragraph (1) shall also apply to any work made by another party based on an order, which is carried out within an official relationship.
(3) If a work is made within the scope of employment or based on an order, the party who create such a work shall be deemed as the Author and the Copyright Holder, unless otherwise agreed by the two parties.
Article 9
If a legal entity announces that a work has originated from it without mentioning a person as the author, then the legal entity shall be deemed to be the author, unless proven otherwise.
Part Three
Copyright to Works of Unknown Authors
Article 10
(1) The State shall hold the Copyright for works from prehistoric remains, historical and other national cultural objects.
(2) The State shall hold the Copyright for folklores and works of popular culture that are commonly owned, such as stories, legends, folk tales, epics, songs,handicrafts, choreography, dances, calligraphies and other artistic works.
(3) To publish or reproduce the works as referred to in paragraph (2), any person who is not the citizen of Indonesia shall, firstly, seek permission from the institution related to the matter.
(4) Further provisions regarding Copyright that are held by the State, as referred to in this Article, shall be regulated by Government Regulation.
Article 11
(1) If the Author of a work is unknown and the work has not been published, the State shall hold the Copyright on such a work for the interest of the Author.
(2) If a work has been published and the Author of which is unknown or the name printed on such work is only a pseudonym, the publisher shall hold the Copyright on the work for the interest of the Author.
(3) If a work has been published and the Author and/or the publisher of which are unknown, the State shall hold the Copyright on such a workfor the interest of the Author.
Part Four
Works Protected under Copyright
Article 12
(1) In this Law, a work that is protected shall be the work in the field of science, arts and literature which includes:
a. books, computer programs, pamphlets, typographical arrangement of published works, and all other written works;
b. sermons, lecturers, addresses and other works of utterance;
c. visual aid made for educational and scientific purposes;
d. songs or music with or without lyrics;
e. dramas, musical dramas, dances, choreographic works, puppet shows, pantomimes;
f. all forms of art, such as paintings, drawings, engravings, calligraphy, carvings, sculptures, collage, and applied arts;
g. architecture;
h. maps;
i. batik art;
j. photography;
k. cinematographic works;
l. translations, interpretations, adaptations, anthologies, data-base and other works as a result of changing of form of mode.
(2) Works as referred to in item l are protected as a workof its own without prejudice to the Copyright over the original work.
(3) The protection as referred to in paragraphs (1) and (2) includes all works that are not or have not yet been published but have already been in an obvious form, which would enable its reproduction.
Article 13
There shall be no copyright to:
a. any result of open meetings of state institutions;
b. laws and regulations;
c. state addresses or government official speeches;
d. court decisions and judicial orders; or
e. decisions of arbitration boards or of other similar agencies.
Part Five
Copyright Restrictions
Article 14
There shall be no infringement of Copyright for:
a. publication and/or reproduction of the symbol ofthe State and the national anthem in accordance with their original nature;
b. publication and/or reproduction of anything which is published by or on behalf of the Government, except if the Copyright is declared to be protected by law or regulation or by a statement on the work itself or at the time the work is published; or
c. repetition, either in whole or in part, of news from a news agency, broadcasting organization, and newspaper or any other resources, provided that the source thereof shall be fully cited.
Article 15
Provided that the sources are fully cited, the following shall not be deemed as Copyright infringement:
a. the use of a work of another party for the purpose of education, research, scientific thesis, report writing, criticising or reviewing an issue, provided that it does not prejudice the normal interest of the Author;
b. the excerpt of a work of another party, in whole orin part, for the purposes of advocacy within or outside the court;
c. the excerpt of a work of another party, inwhole or in part, for the purposes of:
(i) lecturers of which the purpose is solely for education and science; or
(ii) free-of-charge exhibitions or performances, provided that they do not prejudice the normal interests of the Author.
d. reproduction of a scientific, artistic and literary work in Braille for the purposes of the blind, unless such reproduction is of a commercial purpose;
e. limited reproduction of a work other than computer program limitedly by using any means whatsoever or by employing a similar process by a public library, scientific or educational institution and documentation centre of non-commercial nature, solely for the purpose of conducting their activities;
f. modification of any architectural works, such as building construction, based on consideration of technical implementation;
g. making of a back-up copy of a computer program by the owner of the computer solely for his own use.
Article 16
(1) For the interests of education, science, and research and development activities, upon a work in the field of science and literature, the Minister, after hearing the considerations of the Copyright Council may:
a. obligate the Copyright Holder to himself carry out the translation and/or reproduction of such work in the territory of the Republic of Indonesia within a stipulated period of time;
b. obligate the Copyright Holder concerned to grant a license to other parties to translate and/or to reproduce such work in the territory of the Republic of Indonesia within a stipulated period of time, where the Copyright Holder concerned does not himself carry out the obligations as referred to in item a;
c. designate other parties to carry out the translation and/or reproduction of such work, where the Copyright Holder does not carry out the obligations as referred to in item b.
(2) The obligation to translate as referred to in paragraph (1) shall be carried out after the termination of a period of 3 (three) years as of the publication of the work in the field of science and literature, as long as the work has not been translated into the Indonesian language.
(3) The obligation to reproduce as referred to in paragraph (1) shall be carried out after the termination of the period of:
a. 3 (three) years as of the publication of books in the field of mathematics and natural sciences and the books have never been reproduced in the territory of the Republic of Indonesia;
b. 5 (five) years as of the publication of books in the field of social sciences and the books have never been reproduced in the territory of the Republic of Indonesia;
c. 7 (seven) years as of the publication of books inthe field of arts and literature and the books have never been reproduced in the territory of the Republic of Indonesia;
(4) The translation or reproduction as referred to in paragraph (1) shall only be used within the territory of the Republic of Indonesia and shall not be exported into the territory of other countries.
(5) The implementation of the provisions as paragraph (1) letter b and letter c shall be accompanied by the granting of a fee the amount of which shall be stipulated by Presidential Decree.
(6) Provisions regarding the procedure of filing a request to translate and/or to reproduce as referred to in paragraphs (1), (2), (3), and (4) shall be further regulated in Presidential Decree.
Article 17
The Government, after hearing the considerations from the Copyright Council, shall prohibit the publication of any work which is contrary to government policy in the field of religion, defence and state security, morals
and public order.
Article 18
(1) The publication of a work by the Government through a radio, television broadcast and/or other means for the interests of the State may be carried out without having to request permission from the Copyright Holder, provided that the publication does not prejudice the normal interest of the Copyright Holder and a reasonable compensation is given to the Copyright Holder.
(2) The broadcasting organization which publishes the work referred to in paragraph (1) shall have the authority to preserve the work solely for its own, provided that for subsequent broadcasts such broadcasting organization shall give a reasonable compensation to the Copyright Holder concerned.
Part Six
Copyright on Portraits
Article 19
(1) The Copyright Holder of a portrait of a person must obtain the prior permission of the person portrayed to reproduce or to publish his work, or the permissionof that person's heirs during the period of 10 (ten) years after the death of the person portrayed.
(2) If a portrait contains two or more persons, the Copyright Holder must obtain the permission of each person in the portrait to reproduce or to publish each one portrayed, if the publication or reproduction also contains other people in the portrait, or the permission of each such person's heirs during the period of 10 (ten) years after the death of the persons portrayed.
(3) This Article shall only be applicable to a portrait which is made:
a. at the request of the person portrayed;
b. upon a request made on behalfof the person portrayed;
c. in the interest of the person portrayed.
Article 20
The Copyright Holder on a portrait shall not be allowed to publish the portrait, which was taken:
a. without the consent of the person portrayed;
b. without the consent of another person onbehalf of the person portrayed; or
c. not for the interest of the person portrayed, if the publication is contrary to the normal interest ofthe person portrayed, or if that person has died, the normal interest of one of his heirs.
Article 21
Photographing in order to publicise one or more performers in a public performance, even though commercial in nature, shall not be deemed to be an infringement of Copyright, except if it is stated otherwise by the person concerned.
Article 22
For the interest of public security and/or for the purposes of the criminal justice process, a portrait of a person in any condition what so ever, may be reproduced and published by the competent agency.
Article 23
Unless agreed otherwise between the Copyright Holder and the Owner of a creative work in the form of a photograph, painting, drawing, architecture, sculpture and/or other artworks, the owner shall be entitled to without the consent of the Copyright Holder to display the work in a public exhibition or to reproduce it in a catalogue, without detracting from the provisions of Article 19 and Article 20 if said work of art is in the form of a portrait.
Part Seven
Moral Rights
Article 24
(1) An Author or his heir shall be entitled to require the Copyright Holder to attach the name of the Author on his work.
(2) It is forbidden to make changes to a Work although the Copyright has been transferred to another party, except with the consent of the Author or his heir if the Author has been deceased.
(3) The provisions referred to in paragraph (2) shall also be applicable to changes in the title and subtitle of a work, inclusion and changes in the name or pseudonym of the Author.
(4) The Author shall remain entitled to make changes tohis Work in accordance with social propriety.
Article 25
(1) The electronic information regarding the right management information of an Author shall not be omitted or changed.
(2) Further provisions as referred to in paragraph (1) shall be regulated in Government Regulation.
Article 26
(1) The Copyright of a Work shall remain in the hands of the Author as long as the entire Copyright is not transferred to the purchaser of the Work.
(2) A Copyright which is sold in whole or in parts may not be sold again in whole or in parts by the same seller.
(3) Where disputes arise between the purchasers of the same Copyright of a Work, the protection shall be granted to the purchaser who first obtained the Copyright.
Part Eight
Technological Control Measures
Article 27
Except with the permission of the Author, the technological control measures to safeguard the right of the Author shall not be damaged, destroyed or made malfunction.
Article 28
(1) Any works that use high-technology production facilities, especially in the field of optical discs shall fulfil all licence regulations and all production requirements as provided for by the authorized agencies.
(2) Further provisions regarding high-technology production facilities which produce optical discs as provided for in paragraph (1) shall beregulated in Government Regulation.