Indonesia’s New Copyright Law
The new Copyright Law, the Law No. 28 of 2014 on Copyright, was introduced by Indonesian House of Representative and became effective on 16 October 2014. This is the third set of amendments made in history of Indonesia’s copyright law.
This new law replaces the previous Law No. 19 of 2002 on Copyright which is considered to be no longer effective to regulate the development of information and communication technology nowadays. The new law shows the improvement of the efficiency and effectiveness of Indonesia’s copyright system that is suitable with the international convention.
This article only discusses the regulation changes related to the area of education. Here are several important aspects of copyright issues in education.
Clear Definition
The new copyright law determines a lot of unclear terms such as royalty, piracy, compensation, commercial use and collection management organization. It will help much the copyright owner and law enforcement agency to make license agreements.
Moral Rights
It leads in especially for the first time a new provision with regard to moral rights in the event the author passes away. The inheritor has options in writing to accept or decline the implementation of the moral rights given.
Duration of Copyright Protection
The period of protection for most kinds of copyright works is to be extended from 50 years to 70 years after the death of the author. The works are books, pamphlets, written works, speeches, lectures, sermons, music, songs, drama, musical shows, choreographic works, artworks in the form of paintings, drawings, carvings, sculptures, architectural work, visual aids, maps, and batik. In case of a work owned by a legal entity, copyright will remain valid for 50 years from the date of first publication.
For Use Provision
It is not stated obviously in the new copyright law about “fair use”, but it regulates particular scope activities of copyright use which cannot be considered as infringement. As long as the information on the authors of the works’ is disclosed, unauthorized use of all or a substantial part of copyright works does not constitute infringement if it is carried out for the purpose of:
(i) Education, research, writing scientific works, reports, criticism, and reviewing cases without damaging the fair interest of the copyright owner,
(ii) Security and organization of the state, and court proceedings,
(iii) Non-commercial performance or staging without damaging the fair interest of the copyright owner,
(iv) Facilitating people with disabilities,
(v) Changing architectural works under certain technical consideration.
In brief, this new copyright law is a promising step forward regulation. The main point in implementing the new law is the regulation issued by the Ministry to ensure all mechanism will work properly. It is interesting to see how the new law is applied in practice.
References:
http://www.bakermckenzie.com/files/Publication/c80c6ba4-b757-4903-8d57-616a4fbf0f7a/Presentation/PublicationAttachment/9e54e149-4faf-4629-86f8-68b650b08791/al_jakarta_copyrightlawenacted_dec14.pdf
Good. The video is a nice addition.
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