Law No. 19/2002 dated July 29, 2002 ON
COPY RIGHTS
BY THE GRACE OF GOD ALMIGHTY,
THE PRESIDENT OF THE REPUBLIC OF INDONESIA
Considering :
a. that Indonesia is the country which has ethnic/ racial and cultural diversity and is rich in the arts and literature the development of which requires the protection of copyrights on intellectual property resulting from the diversity;
b. that Indonesia is a signatory to a number of international convention/ agreement in the field of intellectual property rights in general and copyrights in particular so that it is necessary to translate them into the national legal system;
c. that developments in the field of trade, agriculture and investment have grown so rapidly that it is necessary to increase the protection of creators and related rights holders by constantly paying attention to the interests of general public;
d. that in view of experience in implementing the law on copyrights, it is necessary to enact a new law on copyrights in lieu of law No. 6/1982 on copyrights as has been amended by law No 7/1987 and the latest by law No 12/1997;
e. that based on the considerations in letters a, b, c and d law on copyrights is needed.
In view of :
1. Article 5, paragraph (1), article 20, paragraph (1), article 28 C, paragraph (1) and article 33 of the 1945 Constitution;
2. Law No. 7/1994 on the Ratification of the Agreement Establishing the World Trade
Organization (Statute Book of 1994 No 57, Supplement to Statute Book No 3564)
With the approval of
THE HOUSE OF REPRESENTATIVES OF
THE REPUBLIC OF INDONESIA
DECIDES :
To stipulate
CHAPTER 1
GENERAL PROVISIONS
Article 1
Referred to in this Law as :
1. Copyrights shall be the exclusive right of a creator or right recipient to announce or reproduce his/her creation or give a licenses to hat effect without reducing restrictions within the framework of the existing laws and regulation.
2. Creator shall be a person or group of person who upon his/her/their aspiration, produce (s) a creation based on thoughts, imagination, dexterity, skill, or expertise translated into typical and personal work.
3. Creation shall be any work of a creator which shows originality in the field of science, art or literature.
4. Copyright holder shall be a creator as a copyrights owner, or other party receiving he right from the creator, r other party receiving further the right from the other party receiving the right.
5. Announcement shall be the reading, broadcast, display, sale, circulation or dissemination of a creation using whatever means, including the internet or through whatever activity to enable other persons to read, hear or see it.
6. Reproduction shall be an act of increasing the number of a creation, either the whole or very substantial part of it, using similar or different materials, including transforming it permanently or temporarily.
7. Portrait shall be the picture of the face a person portrayed, including or excluding other parts of the body, using whatever way and means.
8. Computer program shall be a set of instruction created in the form of language, code, diagram, or the like which, if combined with the media that can be read by a computer will make the computer work to carry out special functions or achieve special result, including preparations for designing the instructions.
9. Related right shall be the right related to a copyright, namely the exclusive right of an agent to reproduce or broadcast his/her show; of a sound recording producer to reproduce or rent his/her sound recording work or voice recording; and of a broadcast institution to produce, reproduce or broadcast work.
10.Agent shall be an actor, singer, musician, dancer or anybody displaying, demonstrating, showing, singing, presenting, declaiming, or playing a musical, drama, dance, literature, folklore, etc, work.
11.Sound recording producer shall be a person or corporate body that for the first time records and is responsible for recording sound or voice, either sound or voice from a show or other sound or voice,
13.Request shall be an application filed by an applicant to the Directorate General for the registration of a copyright.
14.License shall be a permit given by a copyright holder or related right holder to other party to announce and/or reproduce his/her creation or product of a related right under certain terms.
15.Proxy shall be an intellectual property right consultant as provided for in this law.
16.Minister shall be the Minister who leads a ministry one of which tasks and
responsibilities covers the developments of intellectual property rights, including copyrights.
17.The Directorate General shall be the Directorate General of intellectual Property Rights under the preview of the ministry led by the Minister.
CHAPTER II
SCOPE OF COPYRIGHT
Part one
Function and Nature of Copyright
Article 2
1. A copyright shall be the exclusive right of a creator or copyright holder to announce or reproduce his/her creation arising automatically after a creation has come into being, without reducing restrictions within the framework of the existing law and regulations.
2. The creator or copyright holder of a cinematographis work and computer program shall
have the right to permit or prohibit other person without his/her consent, to rent the creation for commercial purpose.
Article 3
1. A copyright shall be regarded as movable article.
2. A copyright can naturally or deliberately be transferred, either wholly or partially, due to :
a. inheritance;
b. grant;
c. testamentary bequest;
d. written agreement; or
e. other causes justified by the existing laws and regulations.
Article 4
obtained unlawfully.
2. A copyright, which is not or has not been announced after the creator dies, shall belong to his/her beneficiary or testamentary bequest recipient and the copyright can not be confiscated, except if it is obtained unlawfully.
Part Two
Creator
Article 5
1. Except if proven otherwise, that who is regarded as the creator shall be :
a. the person whose name is put on the General List of Creations at the Directorate General; or
b. the person whose name is mentioned in the creation or is announced as the creator in a creation.
1. Expect if proven otherwise, a speech which does not use written material and whose
creator is not announced, the speaker shall be regarded as the creator of the speech.
Article 6
When a creation consists of several separate parts created by one person or more, that who is regarded as the creator shall be that who leads and supervises the completion of the creation as a whole or in the absence of the said person, that who is regarded as the creator shall be that who complies them without reducing their respective copyright on parts of the creation.
Article 7
When a creation which is designed by a person is realized and done by other person under the leadership and control of the person designing it, the creator shall be the person designing it.
Article 8
1. When a creation is made by means of official relations with other party in the same work place, the copyright holder shall be the party who makes the creation for and in the interest of official duty, except if agreed upon otherwise by both parties without reducing the rights of the creator if the use of the creation is expanded to outside the official relations.
2. The provisions in paragraph (1) shall also apply to creations made by other party on the basis of orders put by means of official relation.
3. When a creation is made by means of work relations or on the basis of an order, the party making the creation shall be regarded as the creator and copyright holder, except if agreed upon otherwise b both parties.
Article 9
Part three
Copyright on creations whose creators are anonymous
Article 10
1. The state shall hold copyrights on prehistoric and historic artifacts as well as other national cultural article.
2. The state shall hold copyrights on folklores and people’s cultural works as common
property, such as folktale, chronicle, fable, legend, song, handicraft, choreography, dance, calligraphy, and other art works.
3. To announce or reproduce the creations referred to in paragraph (2), persons other than Indonesia citizens shall secure prior consent from the relevant agencies dealing with the matter.
4. Further provisions on the copyrights of the state as referred to in this article shall be provided for in a Government Regulation.
Article 11
1. When the creator of a creation is a anonymous and the creation is not yet published, the State shall hold a copyright on the creation in the interest of its creator.
2. When a creation is already published but its creator is anonymous or only the pseudonym of its creator is put on the creation, the publisher shall hold a copyright on the creation in the interest of its creator.
3. When a creation is already published but its creator and/or publisher are/is anonymous, the state shall a copyright on the creation in the interest of its creator.
Part Four
Protected Creations
Article 12
1. Protected creations referred to in this law shall be those in the fields of science, art and literature covering :
a. book, computer programs, pamphlets, scientific paper’s layout and all other scientific papers;
b. speech, lecture, address and the like;
c. audio visual made for the purpose of education and science;
d. song or music with or without text;
e. drama or musical drama, dance, choreography, puppet show and pantomime;
f. fine arts in any form, such as painting, drawing, carying, calligraphy, sculpture, collage and applied arts;
h. map;
i. batik art;
j. photography;
k. cinematography;
l. translation, interpretation, adaptation, anthology, database and other works as a result of transformation,
1. The creations as referred to in letter 1 shall be protected as separate creations without reducing copyrights on original creations.
2. The protection as referred to in paragraph (1) and paragraph (2) shall include that of all creations which are not or have been published but have already formed a real unit making it possible for the reproduction of the works.
Article 13
Not copyright shall be given to :
a. the result of en open meeting held by state agencies;
b. laws and regulations;
c. state-of-the-nation address or speech delivery by state officials;
d. court verdict or judge’s decision; or
e. decision taken by an arbitrary body or the like.
Part Five
Restrictions on Copyright
Article 14
Following shall not be considered as violation of copyright :
a. the announcement and/or reproduction of the state emblem and national anthem
according to their original nature;
b. the announcement and/or reproduction of anything announced and/or reproduced by or in the name of the Government , except if the copyrights are considered protected, either by virtue of the law and regulations or by means of the statement contained in the copyright or when the copyright are announced and/or reproduced; or
c. the extraction of actual news stories, either wholly or partially, from news agencies, broadcast institutions, newspaper or the like, on the stipulation that their sources shall be quoted fully.
Article 15
Following shall not be considered as violation of copyrights, on the stipulation that their sources are quoted,
scientific writing, report writing, critical or review writing without harming the fair interests of the creator;
b. the extraction of creation owned by other, either wholly or partially, for the purpose of defense in or out of court;
c. the extraction of a creation owned by other party, ether wholly for the purpose of :
i. speech merely in the interests of education and science; or
ii. show or display free of charge, on the stipulation that it does not harm the fair interests of the creator;
a. the reproduction of a creation in the fields of science, arts, and literature in Braille in the interests of blind people except if it designed for a commercial purpose;
b. the reproduction of a creation other than computer program in limited numbers, by
whatever way or device or similar process, by non-profit public libraries, institutes of science or education and documentation centers merely in the interests of their activities;
c. the change made on the basis of technical considerations on architectural works, such as building creation;
d. the making of reserve copies of a computer program by the owner of computer program
merely for personal use.
Article 16
1. In the interest of education, science as well as research and development, where creations in the fields of science and literature are concerned, the Minister, after consulting the copyright council ca;
a. oblige the copyright holders to translate and/or reproduce the creations themselves within the territory of the Republic of Indonesia within a specified period of time;
b. oblige the copyright holders concerned to give a permit to other parties to translate and/or reproduce the creations within the territory of the Republic of Indonesia within a specified period of time in case the copyright holders concerned do not fulfill the obligation as referred to in latter a themselves;
c. appoint other parties to translate and/or reproduce the creations in case the copyright holders do not fulfill the obligation as referred to in letter b.
1. The obligation to translate the creations as referred to in paragraph (1) shall be carried out after a period of 3 (three) years starting the publication of the creation in fields of science and literature, provided that the works have not yet been translated into the Indonesian language.
2. The obligation to reproduce the creation as referred too in paragraph (1) shall be carried out after :
a. a period of 3 (three) years starting the publication of books in the fields of mathematics and exact science, provide that the books have never been reproduced in the territory of the Republic of Indonesia;
provided that the books have never been reproduced in the territory of the Republic of Indonesia;
c. a period of 7 (seven) years starting the announcement of book in the fields of arts and literature, provided that the books have never been reproduced in the territory of the Republic of Indonesia.
1. The translation or reproductions as referred to in paragraph (1) can only be intended for domestic use within the territory of the Republic of Indonesia and not for export.
2. The implementation of previsions in paragraph (1) letter b and letter c shall be
accompanied with the provision of a Presidential Decree.
3. The procedures for applying for a permit to translate and/or reproduce the creations as referred to in paragraph (1), paragraph (2), paragraph (3) and paragraph (4) shall be further provided for in a Presidential Decree.
Article 17
The government shall be the announcement of any creation which is against the government policies in the fields of religion, state defense and security, ethics, and law and order after consulting the copyrights council.
Article 18
1. The government can announce a creation in the interests of the nation through radios, televisions and /or other means without asking for a permit from the copyright holder, on the stipulation that the announcement does not harm the fair interests of the copyright holder and accordingly, the copyright holder is given fair recompense.
2. The broadcast institutions announcing the creation as referred to in paragraph (1) have the authority to perpetuate creation merely in the interests of the broadcast institution themselves, on the stipulation that for further broadcast the broadcast institution shall give fair recompense to the copyright holder concerned.
Part Six
Copyright on Portraits
Article 19
1. To reproduce or announce has/her creation, the holder of a copyright on the portrait of a person shall secure prior consent from the person portrayed or his/her beneficiary within a period of 10 (ten) years after the person portrayed died.
2. To reproduce or announce the portrait of each person in the portrait containing the picture of 2 (two) persons or more in case the announcement or reproduction of the portrait also contains the picture of other person, the copyright holder shall secure prior consent from each person in the portrait or his/her beneficiary within a period of 10 (ten) years after the person portrayed died.
3. Provision in this article shall only apply to the portraits made :
a. upon the request of the person portrayed;
c. in the interest of the person portrayed.
Article 20
The holder of a copyright on a portrait shall not be allowed to announce a portrait he/she has made :
a. without consent from the person portrayed;
b. without consent form other person in the name of the person portrayed; or
c. not in the interest of the person portrayed,
if the announcement is against the fair interests of the person portrayed, or those of one of his/her beneficiaries when the person portrayed has died.
Article 21
The act of taking a picture of one person or more in a public show no matter it is commercial for the purpose of announcement, shall not be considered as violation of a copyright except where the interested person stipulates otherwise.
Article 22
In the interests of public security and/or for the purpose of criminal court session, the portrait of a person in any form also be reproduced and announced by the authorized agency.
Article 23
Except if there is other agreement between the copyright holder and the owner of a photograph, painting, drawing, architectural work, sculpture and/or other works of arts, the owner, without approval from the copyright holder, shall be entitled to display the creation in a public exhibition or reproduce it in a catalog without reducing provisions in article 19 and article 20, if the work of art is in the form of portraits.
Part Seven
Moral Rights
Article 24
1. A creator or his/her beneficiary shall be entitled to demand that the copyright holder put the name of the creator in his/her creation.
2. A creation can not be changed even if the copyright on it has been transferred to other party, except if there is approval from the creator or hid/her beneficiary when the creator dies.
3. Provision in paragraph (2) shall also apply to a change in the title and sub-title of a creation the inclusion of and a change in the name of pseudonym of the creator
4. A creator shall remain entitled to change his/her creation in conformity with the social morality.
Article 25
be annulled or changed.
2. Further provisions needed to implement provisions in paragraph (1) shall be provider for in a Government Regulation.
Article 26
1. A copyright on a creation shall remain in the hands of the creator as long as the copyright on the creation is not wholly transferred to the buyer of the copyright.
2. The copyright sold wholly or partially can not be resold by the same seller.
3. In the event of a dispute among several buyers of the same copyright on a creation,
protection shall be given to the first buyer acquiring the copyright.
Part Eight
Technological Control Means
Article 27
Except if there is permit from its creator technological control means used for safeguarding the rights of a creator can not lawfully be destroyed, annulled, or malfunctioned.
Article 28
1. Creations using high technology production means, particularly in the fields of optical disc, shall meet all licensing regulations and production requirements stipulated by the authorized agency.
2. Further provisions on high technology production means for the manufacture of optical disc as referred to in paragraph 91) shall be provided for in a Government Regulation.
CHAPTER III
TEE VALIDITY PERIOD OF COPYRIGHT
Article 29
1. Copyrights on such creations as :
a. book, pamphlet and all other scientific works;
b. drama or musical drama, dance, choreography;
c. any form of line arts, such as painting and sculpture;
d. batik art;
e. song or music with or without text;
f. architecture;
g. speech, lecture, address and the like;
h. audio visual;
j. translation, interpretation, adaptation and anthology shall be valid during the life time of their creators and shall continue to be valid up to 50 (fifty) years after the creators died.
1. copyrights on the creations as referred to in paragraph (1) owned by 2 (two) people or more, shall be valid during the life time of the creators who last die and shall continue to be valid up to 50 (fifty) years thereafter.
Article 30
1. Copyrights on such creations as :
a. computer program;
b. cinematography;
c. photography;
d. database;
e. works as a result of transformation, shall be valid for 50 (fifty) years after thy are for the first time announced.
1. Copyright on the layout of the published scientific papers shall be valid 50 (fifty) years after they are for the first time published.
2. Copyright on the creations as referred to in paragraph (1) and paragraph (2) of this article as well as article 29, paragraph (1) owned or held by a corporate body shall be valid for 50 (fifty) years after they are for the first time announced
Article 31
1. Copyright on the creators held or done by the state on the basis of :
a. article 10, paragraph (2) shall be valid timelessly;
b. article 11, paragraph (1) and paragraph (3) shall be valid for 50 (fifty) years after the creations are for the first time made public.
1. Copyright on the creations done by publishers on the basis of article 11, paragraph (2) shall be valid for 50 (fifty) years after the creations are for the first time published
Article 32
1. The validity period of copyrights on the creations announced part by part shall start form the announcement date of the last part.
2. In determining the validity period of copyrights on the creations consisting of 2 (two) volumes or more , as well as summaries and news announced periodically and at different time, each of the volumes or summaries and news shall be considered as a separate creation.
Article 33
The period of time for protecting the rights of creators as referred to in :
b. article 24, paragraph (2) and paragraph (3) shall be valid during the validity period of copyrights on the creations concerned, with the exception of the inclusion of and a change in the name or pseudonym of their creators.
Article 34
Without reducing the rights of a creator to the period of time for protecting a copyright starting the birth of a creation, the period of time for protecting a protected copyright shall cover :
a. 50 (fifty) years;
b. the life time of the creator and shall continue up to 50 (fifty) years after the creator dies, starting on January 1 in the ensuing year after the creation is announced, made public, published, or after the creator dies.
CHAPTER IV
REGISTRATION OF CREATION
Article 35
1. The Decorate General shall register creations by putting them on the General List of
Creations.
2. Any person can watch the general list of creation free of charge.
3. Any person can have an excerpt from the general list of creations for his/her own
interests by paying fees.
4. The provisions on the registration of creations as referred to in paragraph (1) shall not constitute the obligation to get a copyright.
Article 36
The registration of a copyright in the General List of Creation shall not amount to the approval of content, meaning aim or form of the creation registered
Article 37
1. The registration of a creation in the general list of creations shall be done upon the request of the creator, the copyright holder or his/her proxy.
2. The request shall be filed to the Directorate General using a letter in duplicate written in the Indonesia language, complete with a sample of the creation or its substitute, by paying fees.
3. After receiving the request as referred to in paragraph (1) the Directorate General shall issue a decision no later than 9 (nine) months after the request is received in a complete manner.
4. The proxy as referred to in paragraph (1) shall be the consultant registered at the
Directorate General.
5. The requirements and procedures for appointing and registering the consultant as referred to in paragraph (4) shall be further laid down in a Government Regulation.
in the General List of Creations shall be laid down in a Presidential Decree.
Article 38
In case a request is filed by more than one persons or corporate bodies jointly entitled to a creation, the request shall be complete with an official copy of the certificate proving the existence of the right.
Article 39
The general list of creation shall contain, among others :
a. names of creators and copyright holders;
b. receipt dates of requests;
c. dates for completing the requirements pursuant to article 37; and
d. registry numbers of creations.
Article 40
1. The registration off a creation shall be considered as being done at time when a request is received by the Directorate General in a complete way pursuant to article 37, or at the when a request is received in a complete way pursuant to article 37 and article 38, if the request is filed by more than one persons or a corporate body as referred to in article 38.
2. The registration as referred to in paragraph (1) shall be announced in an official report of creations by the directorate general.
Article 41
1. The transfer of the right to the registration of a creation registered pursuant to article 39 in one number shall be allowed, if the right to the whole the creation registered is transferred to the recipient of the right.
2. The transfer of the right shall be registered in the General List of Creation upon the written request of both sides or of the recipient of the right by paying fees.
3. The registration of the transfer of the right shall be announced in the Official Report of Creations by the Directorate general.
Article 42
When a creation is registered pursuant to article 37, paragraph (1) and paragraph (2) as well as article 39, the other party who pursuant to article 2 is entitled to a copyright can file a cancellation suit to a Commercial Court.
Article 43
1. A change in the name and/or address of the person or corporate body registered in
General List of Creations as a creator or copyright holder shall be registered in General List of Creations upon the written request of the creator or copyright holder who has the said name and address by paying fees.
2. The change in the name and/or address shall be announced in the official report of
Article 44
The legal strength of the registration of a creation shall be annulled due to :
a. the request of the person or corporate body whose name is registered as a creator or
copyright holder;
b. the passage of time as referred to in article 29, article 30, article 31 with due observance of article 32;
c. the court verdict with irrevocable legal strength declaring it null and void.
CHAPTER V
LICENSES
Article 45
1. A copyright holder shall be entitled to give a license to other party based on a license agreement to carry out the activities as referred to in article 2
2. Except where an agreement stipulate otherwise, the scope of license as referred to in paragraph (1) covering all the activities as referred to in article 2 shall last within a period of time during which the license is given and shall be valid for the whole territory of the Republic of Indonesia.
3. Except where an agreement stipulates otherwise, the activities as referred to in paragraph (1) and paragraph (2) shall be carried out by requiring the license recipient to give royalties to the copyright holder.
4. The amount of royalties given by the license recipient to the copyright holder shall based on an agreement between the two sides by paying attention to the agreement reached by the professional organization.
Article 46
Except where an agreement stipulates otherwise, a copyright holder shall constantly be allowed to carry out the activities as referred to in article 2 himself/herself or give a license to a third party to do so.
Article 47
1. A license agreement shall be prohibited to carry provisions that may have an adverse
impact on the Indonesia economy or provisions that may lead to unsound business competition as provided for in the existing laws and regulations.
2. A license agreement shall be registered at the Directorate General so that it will have a legal impact on the third party.
3. The Directorate General shall reject any application for the registration of a license agreement carrying the provisions as referred to in paragraph (1)
4. Further provisions on the registration of a license agreement shall be provided for in a Presidential Decree.
THE COPYRIGHT COUNCIL
Article 48
1. To assist the Government in providing copyright counseling, guidance and development
services, a copyright council shall be formed.
2. The membership of the copyright council shall comprise representatives from the
government, professional organization and the community, who are competent in the field of copyrights, and are appointed and dismissed upon the request of the Minister.
3. Further provision on the task, function, organizational structure, work mechanism,
financing and tenure of the copyright council shall be provided for in a government regulation.
4. The expenses incurred by the copyright council as referred to in paragraph (3) shall be the budget of the ministry in charge of developing intellectual property rights.
CHAPTER VII
RELATED RIGHTS
Article 49
1. An agent shall hold exclusive rights to license or prohibit other parties, without his/her approval, to make, reproduce or broadcast his/her sound recording and/or their picture directives.
2. A sound recording producer shall hold exclusive rights to license or prohibit other parties, without his/her approval, to reproduce and/or rent his/her sound or voice recording works.
3. A broadcast institution shall have exclusive rights o license or prohibit other parties, without his/her approval , to make , reproduce, and/or rebroadcast works through transmission with or without cable, or trough other electromagnetic system.
Article 50
1. The period of time for protecting :
a. agents shall cover 50 (fifty) years after the works are for the first time showed or put in the audio media or audio visual media;
b. sound recording producers shall cover 50 (fifty) years after the recording works have been completed;
c. broadcast institution shall cover 20 (twenty) years after the broadcast work are for the firsts time broadcast.
1. The period of time for the protection as referred to in paragraph (1) shall start on January 1 of the ensuing year after :
a. the show works have been completed or put in the audio media or audio visual media;
c. the broadcast works have been for the first time completed.
Article 50
The provisions in Article 3, Article 4, Article 5, Article 6, Article 7, Article 8, Article 9, Article 10, Article 11, Article 14 letter b and letter c, Article 15, Article 17, Article 18, Article 24, Article 25, Article 26, Article 27, Article 28, Article 35, Article 36, Article 37, Article 38, Article 39, Article 40, Article 41, Article 42, Article 43, Article 44, Article 45, Article 46, Article 47, Article 48, Article 52, Article 53, Article 54, Article 55, Article 56, Article 57, Article 58, Article 59, Article 60, Article 61, Article 62, Article 63, Article 64, Article 65, Article 66, Article 68, Article 69, Article 70, Article 71, Article 74, Article 75, Article 76 and Article 77 shall apply mutatis mutandis to related rights.
CHAPTER VIII
THE MANAGEMENT OF COPYRIGHTS
Article 52
The directorate general shall be responsible for the administration of copyright as referred to in this law.
Article 53
The directorate general shall organize a nationwide copyright documentation and information networks system capable of providing as much information as possible on copyright to the public.
CHAPTER IX
FEES
Article 54
1. Anybody applying for the registration of copyright, excepts from the general list of
copyrights, the registration of transfer of a copyright, the registration of change in name and/or address, the registration of a license agreement, the registration of a compulsory license, and others provided for in this law shall be liable to fees the amount of which is set on the basis of a Government Regulation.
2. Further provisions on requirements, a period of time, and procedures for paying fees as referred to in paragraph (1) shall be provided for in a Presidential Decree.
3. The Directorate General, with approval from the Minister and the Minister of Finance, can use proceeds from the receipt of fees as referred to in paragraph (1) and paragraph (2) within the framework of the existing laws and regulations.
CHAPTER X
THE SETTLEMENT OD DISPUTES
Article 55
creator or his/her beneficiary to file a lawsuit against the other party who, without his/her approval,
a. omits the name of the creator contained in the creation;
b. puts the name of the creator on the creation;
c. replaces or changes he title of the creations or
d. alter the content of the creation.
Article 56
1. A copyright holder shall be entitled to tile a compensation suit to a commercial court against violation of his/her copyright and ask for the confiscation of the item announced or the result of the reproduction of the creation.
2. A copyright holder shall also be entitled to apply to a commercial court to order the transfer of the whole or part of income earned from the holding of a speech, scientific meeting, show or exhibition as a result of violation of a copyright.
3. Before issuing a final decision and to avoid further losses the party having his/her right violated, a judge can instruct the violator to stop the announcement and/or reproduction of a certain or the item resulting from the violation of a copyright.
Article 57
The rights of a copyright holder as referred to in article 56 shall not apply to creation in the hands of parties who good intention have acquired the creation merely for personal use rather than for a commercial purpose and/or in the interest of commercial activity.
Article 58
The creator or beneficiary of a creation can file a compensation suit against the violation as referred to in article 24.
Article 59
The suit as referred to in Article 55, Article 56 and Article 58 shall be decided within a 90 (ninety) day’s grace starting the registration of the suit at the commercial court concerned.
Article 60
1. A suit against violation of a copyright shall be filed to the chief of a commercial court.
2. The clerk of the commercial court shall register the suit as referred to in paragraph (1) on the date when the suit is filed and plaintiff shall be given a written receipt signed by the authorized official and bearing the same date as the registration of the suit.
3. The clerk of the commercial court shall submit the suit to the chief of the commercial court no later than 2 (two) days after the registration of the suit.
4. No later than 3 (three) days after the registration of the suit, the commercial court shall study the suit and set the date for a court session.
Article 61
1. A confiscator shall serve a summons on the parties concerned no later than 7 (seven) days after the registration of the suit.
2. A decision on the suit shall be read no later than 90 (ninety) days after the registration of the suit and can be extended no later than 30 (thirty) days with approval from the chairman of the supreme court
3. A decision on the suit as referred to in paragraph (2) containing legal considerations underlying the decision shall be read in a court session open to the public and if requested, can be done first despite legal attempts to challenge the decision.
4. A confiscator shall hand down the content of the commercial court’s decision as referred to in paragraph (3) to the parties concerned no later than 14 (fourteen) days after the decision on the suit is read.
Article 62
1. Only an appeal against the commercial court’s decision as referred to in article 61
paragraph (4) can be filed.
2. The appeal as referred to in paragraph (1) shall be filed no later than 14 (fourteen) days after the date when the decision against which the appeal is filed is read or made known to the parties concerned by registering it with the court deciding the suit.
3. The clerk of court shall register the appeal on the date when it is filed and the applicant for the appeal shall be given a written receipt signed by the clerk of court using the same date as receipt of the registration.
Article 63
1. An applicant for appeal shall submit memory of appeal to the clerk of court no latter than 14 (fourteen) days after the registration date of the appeal as referred to in Article 62 paragraph (2)
2. The clerk of court shall convey the application for appeal and the memory of appeal as referred to in paragraph (1) to the party the appeal against which the appeal is filed no later than 7 (seven) days after the appeal is received by the clerk of court.
3. The party against which the appeal is filed can file a contra memory of appeal to the clerk of court no later than 14 (fourteen) days after the date when the party against which the appeal is filed receives the memory of appeal as referred to in paragraph (2) and the clerk of court shall convey the contra memory of appeal to the applicant for appeal no later than 7 (seven) days after the contra memory of appeal is received by the clerk of court.
4. The clerk of court shall convey the dossiers of appeal case concerned to the supreme
court no later than 14 (fourteen) days after the passage of time as referred to in paragraph (3)
Article 64
1. The supreme court shall study the dossiers of appeal case and set the date of a court session no later than 7(seven) days after receiving the appeal
receives the appeal.
3. A decision on an appeal shall be read no later than 90 (ninety) days after supreme court receives the appeal
4. A decision on an appeal as referred to in paragraph (3) containing complete legal
considerations underlying the decision shall be read in a court session open to the public.
5. The clerk of supreme court shall convey a copy of the decision on appeal to the clerk of court no later than 7 (seven) days after the decision on appeal is read
6. A confiscator shall convey a copy of the decision on appeal as referred to in paragraph (5) to the applicant for appeal and the party against which the appeal is filed no later than 7 (seven) days after the clerk of court receives the decision on appeal.
Article 65
In addition to the settlement of dispute as referred to in article 55 and article 56, the parties concerned can settle the disputes through an arbitrary body or dispute settlement alternatives.
Article 66
The rights to file a suit referred to in article 55, article 65 and article 65 shall not reduce the rights of the state to file criminal proceeding against violation of copyrights.
CHAPTER XI
PROVISIONAL COURT STIPULATION
Article 67
Upon the request of the party whose interest are adversely affected, a commercial court can issue an immediate decision which is effective to :
a. prevent further violation of a copyright, particularly the entry of goods believed to have violated a copyright or related right into the trade chain, including the import of the goods;
b. keep evidence of violation of a copyright or related right to prevent the disappearance of evidentiary materials;
c. ask the party whose interests are adversely affected to provide evidence that the party is really entitled to a copyright or related right, and the rights of the applicant are really being violated.
Article 68
In case the provisional court stipulation has been issued, the parties shall be immediately informed of the matter, including the rights to be heard for the parties subject to the provisional stipulation.
1. In case the judge of a commercial court has issued a provisional court stipulation the judge of a commercial court shall decide whether he/she will change, cancel or strengthen the stipulation as referred to in Article 67, latter a and latter b no later than 30 (thirty) days after the issuance date of the provisional court stipulation.
2. If within a period of 30 (thirty) days the judge does not implement the provisions in paragraph (1), the provisional court stipulation shall have no legal strength.
Article 70
In case the provisional court stipulation is canceled, the party whose interests are adversely can file a compensation suit to the party applying for the provisional court stipulation.
CHAPTER XII
INVESTIGATION
Article 71
1. Besides investigation of the Police of the Republic of Indonesia, certain civil servants of the ministry whose tasks and responsibilities cover the development of intellectual property rights shall be given special authority as investigators as referred to in law No 8/1981 on criminal codes to conduct investigation into criminal offenses in the field of copyrights.
2. The investigators as referred to in paragraph (1) shall be authorized to :
a. probe the truth of a report or information related to a criminal offense in the field of copyright;
b. probe parties or corporate bodies believed to have committed a criminal offense in the field, of copyright;
c. ask for information from parties or corporate bodies in connection with a criminal offense in the field of copyright;
d. audit financial accounts, records and other documents related to a criminal offense in the fields of copyright;
e. investigate a certain place believed to have been used for keeping financial accounts, records and other documents;
f. cooperate with the police in confiscating materials and goods resulting from violation of a copyright that may serve as evidence of a criminal offense in the field of copyright;
g. ask for expert help to investigate criminal offenses in the field of copyright.
1. The investigation as referred to in paragraph (1) shall inform the investigators of the Police of the Republic of Indonesia about the start of an investigation and the result of investigation in accordance with Law No 8/1981 on criminal codes.
CHAPTER XIII
CRIMINAL PROVISIONS
1. Anybody who deliberately and unrightfully referred to in Article 2, paragraph (1) or Article 49 paragraph (1) and paragraph (2) shall be sentenced to a minimum of 1 (one) month in jail each and/or be fined a minimum of Rp 1.000.000 (one million rupiahs), or be sentenced to a maximum of 7 (seven) years in jail and/or fines a maximum of Rp.5000.000.000 (five billion rupiahs)
2. Anybody who deliberately broadcast, display, circulates, sells to the public a creation or items resulting from violation of copyright or related as referred to in paragraph (1) shall be sentenced to maximum of 5 (five) years in jail and/or be fined a maximum of Rp.500.000.000 (five million rupiahs)
3. Anybody who deliberately and unrightfully reproduces a computer program for a
commercial purpose shall be sentenced to maximum of 5 (five) years in jail and/or be fined a maximum of 500.000.000 (five hundred million rupiahs)
4. Anybody who deliberately violates article 17 shall be sentenced to a maximum of 5 (five) years in jail and/or be fined a maximum of Rp. 1.000.000.000 (one billion rupiahs)
5. Anybody who deliberately violates article 1i, article 20, or article 49 paragraph (3) shall be sentenced to maximum of 2 (two) years in jail and/or be fined a maximum of Rp. 150,000,000 (one hundred and fifty million rupiahs)
6. Anybody who deliberately and unrightfully violates article 24 or article 55 shall be
sentenced to a maximum of 2 (two) years in jail and/or be fines a maximum of Rp. 150,000,000 (one hundred and fifty million rupiahs)
7. Anybody who deliberately and unrightfully violates article 25 shall be sentenced to a maximum of 2 (two) years in jail and/or be fined a maximum of Rp. 150,000,000 (one hundred and fifty million rupiahs)
8. Anybody who deliberately and unrightfully violates article 27 shall be sentenced to a maximum of 2 (two) years in jail and/or be fines a maximum of Rp. 150,000,000 (one hundred and fifty million rupiahs)
9. Anybody who deliberately violates article 28 shall be sentenced to a maximum of 5 (five) years in jail and/or be fines a maximum of Rp. 1,500,000,000 (one billion five hundred million rupiahs)
Article 73.
1. A creation or item resulting from a criminal offense in the field of copyright or related right as well as devices used to commit the criminal offense shall be confiscated by the state to be destroyed.
2. The creation s referred to in paragraph (1) in the field of art which is unique can be considered no to be destroyed.
CHAPTER XIV
TRANSITIONAL PROVISIONS
Article 74
against this law or have not been replaced with the new ones on the basis of this law.
Article 75
The decisions on the registration of creation already issued by the Directorate General on the basis of law NO c/1982 on copyrights as has been amended by law No. 7/1987 and the latest by law No. 12/1997, which are still valid at the time when this law is promulgated, shall remain valid during the remaining period of time for the protection of the creations.
CHAPTER XV
CONCLUSION
Article 76
This law shall apply to :
a. all creations of Indonesian citizen, people and corporate bodies;
b. all creations of non Indonesian citizen, non Indonesian people, and non Indonesian
corporate bodies whish are for the first time announced in Indonesia;
c. all creations of non Indonesian citizen, non Indonesian people, and non Indonesia
corporate bodies, on the stipulation that.
i. their country signs a bilateral agreement with the Republic of Indonesia on the protection of copyright;
ii. their country and the Republic of Indonesia are parties or signatories to the same
multilateral agreement on the protection of copyrights.
Article 77
With the enforcement of this law, law No 6/1987 on copyrights as has been amended by law No 7/1987 and latest by law No 12/1997 shall be declared null and void.
Article 78
This law shall begin to take effect 12 (twelve) months after the date of promulgation
For public cognizance, this law shall be promulgated by placing it in the Statute Book of the Republic of Indonesia
Validated in Jakarta
On July 29, 2002
THE PRESIDENT OF THE REPUBLIC OF INDONESIA
Sgd
MEGAWATI SOEKARNOPUTRI
Promulgated in Jakarta
On July 29, 2002
sgd
BAMBANG KESOWO
STATE BOOK OF THE REPUBLIC OF INDONESIA OF 2002 NO 85
ELUCIDATION
OF
LAW NO 19/2002
ON COPYRIGHTS
I. GENERAL
As an archipelagic country, Indonesia is very rich in arts and culture. This is in line with a diversity of ethnic groups and religions all of which constitute national potencial which need to be protected. The art and culture wealth is one of the sources of intellectual works which can and need be protected by law. The wealth is not merely for the arts and culture themselves but also can be used to increase capability in the fields of trade and industry by involving their creators. As such, the protected art and cultural wealth can promote not only the welfare of their creators but also that the country and nation.
Indonesia has taken part in international organization by becoming a member of the Agreement Establishing the World Trade Organization which also cover agreement on Trade Relation Aspects of Intellectual Property Rights (TRIPs) through law No 7/1994 in addition, Indonesia has also ratified the Berne Convention for the Protection of Artistic and Literary Works through Presidential Decree No 17/1997 and World Intellectual Property Organization Copyrights Treaty (WT) through Presidential Decree No 19/1997.
Judging by the above matters, it is deemed necessary to replace the copyrights law with new one. This is because the art and cultural wealth as well as the development of intellectual capability on the past of the Indonesian community need adequate legal protection in order to create a sound business competition climate needed to implement the national development.
Copyrights consist of economic rights and moral rights. Economic rights are the rights to get the economic benefit of creations as well as products of related rights. Moral right are the inherent rights of creators or agents which can not be abolished or omitted without any reason although the copyrights or related rights have been transferred.
The protection of copyrights is not given to ideas or views because creations must have typical fork, are private in nature and show originality as creations which come into being based on capability, creativity or expertise no that the creations can be seen, read or heard.
This law deals with several new provisions, among other things, on :
1. database which constitutes one of the protected creations;
2. the use of any device with or without cable, including the internet, to screen optimal disc products through radio, radio visual and/or telecommunication means;
3. the settlement of dispute by a commercial court, arbitrary body, or alternative dispute settlement body;
4. provisional court stipulation to prevent further losses to righted holder;
5. the time limit for processing civil cases in the fields of copyrights and related rights, either in the commercial court or the supreme court;
6. the inclusion of rights to electronic management information and technological devise;
7. the inclusion of control and protection mechanism in the products using high
technology production means;
8. penalty for violation of related rights;
9. minimum penalty and fine;
10.permanent penalty for the reproduction of computer programs for illegal and
unlawful commercial purposes.
I. ARTICLE BY ARTICLE
Article 1
Sufficiently clear
Article 2
Referred to as exclusive right is the right merely intended for its holder so that no other party can use the right without consent from its holder.
The definition or "announcing or reproducing" in cludes the act of translating, adapting, arranging, transforming, selling, renting, lending, importing, exhibiting, showing, broadcasting, recording and communicating a creation using whatever means
Paragraph (2)
Sufficiently clear
Article 3
Paragraph (1)
Sufficiently clear
Paragraph (2)
The deliberate or undeliberate transfer of a copyright can not be done verbally, but it must be done in writing with or without a notarial document
Letter a up to letter d
Sufficiently clear
Letter e
Other causes justified by the law and regulations are, for instance, the transfer resulting from a court decision with irrevocable legal force.
Article 4
Paragraph (1)
Because a copyrights is inherent in its creator and is intangible, the copyright can not in principle be confiscated, except it is acquired unlawfully.
Paragraph (2)
Sufficiently clear
Article 5
Paragraph (1)
Sufficiently clear
In principle, a copyright is acquired not because of registration, however, in the event of a dispute in a court over a registered creation and an unregistered creation as referred to in paragraph (1), letter a and letter b, and in the event that the interested party can prove its truth, a judge can decide its true creation on the basis of the authentication.
Article 6
Referred to as separate part is, for instance, a creation in the form of serial film of which the content of each serial is separable from that of other serial. the same, is true with a book of which the content of each part is separable from that of other part.
Article 7
The said design is an idea in the form of picture or words or the combination of picture and words, which will be created in a from desired by the design owner. Therefore the designer is called a creator, if the design is done in details according to the already specified design and is not merely an idea. Referred to as under the leadership and control is that done by means of guidance, directives or correction from the person who has the design.
Article 8
Paragraph (1)
Referred to as official relations are personnel relations between civil servants and their agency.
Paragraph (2)
This provision is designed to affirm that a creation made by a person on the basis of an order from a state agency is constantly held by the state agency as the party putting the order, except where the agreement stipulates otherwise.
Paragraph (3)
Referred to as work relation or on the basis of order is a creation made on the basis of work relations in a private institution or on the basis an order from other party.
Article 9
Sufficiently clear
Article 10
Paragraph (1)
Sufficiently clear
In an effort to protect folklores and other cultural works of people, the government can prevent any attempt to monopolize, commercialize, vandalize or benefit from them without prior consent from the Republic of Indonesia as the copyright holder. This provision is designed to prevent ant attempt made by foreign party to destroy the culture value.
The said folklore is an collection of traditional creations, either those made by a group of persons or those made by a person in the community which indicates their social and culture identity on the basis of standards and value uttered and handed down from one generation to the other including :
a. folktales, folk, poems;
b. folksong and traditional instrumental musics;
c. folkdances, traditional games;
d. artistic works, including paintings , pictures, carvings, sculptures, mosaic, jewelry, handicraft, clothes, musical instruments and traditional woven clothes.
Paragraph (3) and paragraph (4)
Sufficiently clear
Article 11
Paragraph (1)
This provision is designed to affirm the status of a copyright in he event of a creation whose creator is anonymous and/or which has not yet been published as it should be. For instance, a scientific paper or musical work which has not been published in the form of a book or has not been recorded. In this case, a copyright on the creation is held by the state to protect the copyright in the interest of its creator, however, if the creation is n the form of scientific paper and has been published, a copyright on the creation is held b the publisher.
Paragraph (2)
A publisher is considered the holder of a copyright on the creation published using the pseudonym of its creator. As such in the event of creation which is published with the name of its creator not being known or which only carries the pseudonym of its creator, the publisher whose name is contained in the creation and can prove himself/herself the first publishing the creation can be considered as the copyright holder. This provision will not be valid if the creator later states his/her identity and he/she can prove that the creation is his/her creation
Paragraph (3)
his/her creation.
Article 12
Paragraph (1)
Letter a
Referred to as the layout of scientific paper is the creation better known as "typholographical arrangement" namely the aspect of arts in the structure and model of scientific paper writing. This covers format, decoration, color and structure or layout of beautiful letters which all reflect a typical form.
Letter b
Referred to as other creation of the same type is the creations which have not been mentions but they can be treated the same as speech, lecture and address.
Letter c
Referred to as audio visual is a creation in the form f two or three dimensions related to geography, topography, architecture, biology or other sciences.
Letter d.
The song or music referred to in this law means a complete work although it consists of such elements as song or melody, rhyme or lyrics and its arrangement including notation. Referred to as being complete is that the song or music constitutes an integral part of a creation.
Letter e
Sufficiently clear
Letter f
Referred to as picture includes motif, diagram, sketch, logo and beautiful letters and picture is made not for the purpose of industrial design
Referred to as collage is an artistic composition made of various materials (for instance, cloth, paper and wood) attached to the surface of a picture.
Applied art in the form of handicraft constitutes a creation so long as it is made not for the purpose as mass production.
Letter g
Referred to as architecture includes art of building picture, art of miniature picture and art of building mockup.
Letter h
Referred to as map is a picture of natural and/or man-made elements found above or under the surface of the earth drawn on a flat material with certain scale.
Batik made conventionally is protected by this law as a form of separate creation. Such creation deserves protection because it has artistic value, found in its motif, picture or the combination of colors. The same is also true with other traditional works serving as the property of the Indonesian nation found in different parts of Indonesia, such as art of embroidery, art of weave, etc, which have been currently develop.
Letter j
Sufficiently clear
Letter k
Cinematographic work constituting the moving images of the mass communication media includes documentary film, advertising film, newsreel or feature film made by scenario and cartoon. Cinematographic work can e made on a celluloid tape, video tape, videodisc, optical disc and/or other media making it possible for its creator to show it in cinema or on television or other media. Such creation is made by film procedures, television station or individuals.
Letter l
The anthology referred to herein includes a creation in the form of a book containing a collection of select scientific papers a collection of select songs recorded on a cassette, optical disc or other media as well as a composition of select dance works.
The database referred to herein is a compilation of data in any form which can be read b a machine (computer) or in other form, which because of the selection or arrangement of the content of data constitutes an intellectual creation. The protection of database is given without reducing the rights of other creators whose creations are included in the database.
The transformation referred to herein is the act of transforming for instance a sculpture into a painting a romantic tale into a drama, a drama into a radio drama, and a novel into a film.
Paragraph (2)
Sufficiently clear
Paragraph (3)
The creations which have not yet been announced such as sketch, manuscript, blue print, and the like are considered as one complete whole.
Article 13
Letter a up to letter d
Sufficiently clear
The decision of other similar bodies referred to herein is, for instance, a decision on the settlement of a dispute, including the decision of the Labor Dispute Settlement Committee and the Navigation Tribunal
Article 14
Letter a
Sufficiently clear
Letter b
An example of announcement and reproduction in the name of the Government is the announcement and reproduction of the result of a research financed by the state
Letter c
The actual news referred to herein is the news announced once every 24 hours after the news is for the first time announced.
Article 15
These restrictions are necessary because the qualitative measure to determine violation of copyrights are difficult to implement. In this connection, it will be more appropriate if the violation of copyrights is determined on the basis of qualitative measures. For instance, the extraction of the most substantial and typical part of a creation although the use of the creation is less than 10%. Substantively, the use of the creation is violation of copyright. The use of a creation will not be considered as violation of a copyright if the source of the creation is mentioned clearly and this practice is limited to non commercial activities, including social activities. For instance, activities in the field of education, science, research and development, on the stipulation that the activities do not harm the fair interests of its creator. This definition includes the extraction of a creation of part from a scientific paper is concern, the source of the creation quoted must be mentioned and quoted completely by mentioning at least the name of creator, the title or name of creation, and the name of publisher, if any.
The fair interests of a creator or copyright holder referred to herein are the interest based on equilibrium in enjoying the economic benefit of a creation.
Letter b up to letter f
Sufficiently clear
Letter g
Article 16
Sufficiently clear
Article 17
This provision is designed to prevent the circulation of a creation, which, if made public, can underestimate religious values, lead to ethnic or racial problems, endanger or threaten state defense and security, contradict public ethics and public order. For instance, literary books or works or photographic works.
Article 18
Paragraph (1)
This provision is aimed at ensuring that the announcement of a creation by the Government on radio, television, or other media must receive priority in the interest of the general public which really need it.
Paragraph (2)
Sufficiently clear
Article 19
Paragraph (1)
Not all people portrayed will always agree that their portraits are made public without their prior consent. Therefore, there must be approval from the people concerned or their beneficiaries
Paragraph (2) and paragraph (3)
Sufficiently clear
Article 20
It is possible that a person has been portrayed without his/her knowledge in condition that ma diversely affect him/her.
Article 21
For instance, in a music show a singer may object to being portrayed for publication.
Article 22 and article 23
Sufficiently clear
Article 24
Paragraph (1)
Sufficiently clear
With the moral rights, the creator of a creation is entitled to :
a. have his/her name or pseudonym put on his/her creation or its copies in relation to public use;
b. prevent ant form of distortion, mutilation, etc, including twist, cut, vandalism and replacement and related to a creation, which will eventually tarnish the appreciation and reputation of the creator.
In addition none of the afore-mentioned rights can be transferred so long as the creator is still alive, except if there is testamentary bequest from the creator on the basis of the existing laws and regulations.
Paragraph (3) and paragraph (4)
Sufficiently clear
Article 25
Paragraph (1)
Managerial information inherent in a creator referred to herein is the information which is electronically inherent in a creation or emerges in relation to announcement on a creation, creator and right ownership or information on the requirements for the use of information, information number or information code. Anybody is banned from distributing, importing, broadcasting and communicating to the public the works of show, sound recording or broadcast in which a set of managerial information inherent in the creator is known to have been annulled, destroyed or changed without consent from the right holder.
Paragraph (2)
Sufficiently clear
Article 26
Paragraph (1)
The purchase of a creation does not mean that the copyright on the creation moves to the buyer, however, it remains in the hands of the creator. For instance, the purchase of book, cassette and painting.
Paragraph (2) and paragraph (3)
Sufficiently clear
Article 27
Technological control means referred to herein is technological instrument in the form of confidential code, password, bar code, serial number, decryption, encryption, etc, used for protecting creations.
Article 28
Paragraph (1)
The requirements of high technology production means referred to herein are, for instance, production location permit, obligation to record production accounts, obligation to put the identity of producer on his/her products taxes or excise and obligation to meet the requirement of inspection by the authorized agency.
Paragraph (2)
Sufficiently clear
Article 29 up to article 33
Sufficiently clear
Article 34
This provision affirms that the date January 1 as the basis for calculating a period of time for the protection of a copyright is merely meant to facilitate the fixing of the expiry date of the period of time for the protection of a copyright. The period of time for the protection of a copyright starts on January 1 of the ensuing month after the creation is announced, made public or publisher or its creator dies. This method of calculation does not reduce the principles for the calculation of a period of time for the protection of a copyright which are based on the date when a creation is produced if the date is known clearly.
Article 35
Paragraph 1 up to paragraph (3)
Sufficiently clear
Paragraph (4)
The registration of a creation does not constitute on obligation for the creator or copyright holder, and the protection of a creation begins when the creation comes into being and is not the result of the registration of the creation. This means that either registered creations or unregistered creations remain protected.
Article 36
The Directorate General that registers creation is not held responsible for the
content, meaning, aim or form of the registered creations.
Article 37
Paragraph (1)
and other intellectual property rights and is registered at the Directorate General as an intellectual property rights consultant.
Paragraph (2)
Substitute creation referred to herein is a sample of creation attaches to the request for the registration of a creation because the creation itself technically makes it is impossible for the applicant to attach it to the request, for instance, large-sized statue is replaced with its miniature or photograph.
Paragraph (3)
The period of time for processing a request for the registration of a creation is meant to give legal certainty to its applicant.
Paragraph (4) up to paragraph (6)
Sufficiently clear
Article 38 up to article 48
Sufficiently clear
Article 49
Paragraph (1)
Broadcasting referred to herein includes renting, organizing public performance, holding life performance, and organizing interactive communication with respect to the recording work of an agent.
Paragraph (2) and paragraph (3)
Sufficiently clear
Article 50 up to article 53
Sufficiently clear
Article 54
Paragraph (1) and paragraph (2)
Sufficiently clear
Paragraph (3)
Statute Book No 3687)
Article 55 up to article 59
Sufficiently clear
Article 60
Paragraph (1)
Chief of commercial court referred to herein is the chief of district court/commercial court.
Paragraph (2) up to paragraph (5)
Sufficiently clear
Article 61
Sufficiently clear
Article 62
Paragraph (1) and paragraph (2)
Sufficiently clear
Paragraph (3)
Except where stipulated other whise, the clerk of court referred to herein is the clerk of district court/commercial court.
Article 63 and article 64
Sufficiently clear
Article 65
Alternative dispute settlement referred to herein negotiation, mediation, conciliation and other way chosen by the parties concerned within the framework of the existing law.
Article 66
Sufficiently clear
Article 67
Letter a
Letter b
This provision is meant to prevent violators from causing evidentiary materials to disappear.
Letter c
Sufficiently clear
Article 68 up to article 70
Sufficiently clear
Article 71
Paragraph (1)
Certain civil servants referred to herein are officers appointed investigations on the basis of a ministerial decree
Paragraph (2) and paragraph (3)
Sufficiently clear
Article 72
Paragraph (1) and paragraph (2)
Sufficiently clear
Paragraph (3)
Reproducing referred to herein in duplicating or copying a computer program in the form of source code or its application program.
Source code referred to herein is a program file containing programming statements, introduction code, functions, procedures and objects made by a programmer.
For instance, A buys a computer program by a license right for a unit of computer, or B makes a license contract for the application of computer program to 10 (ten) units of computer. If A or B duplicates or copies the said computer program more than those already agreed upon, the act is violation, except it is used for a file.
Paragraph (4) up to paragraph (9)
Sufficiently clear
Article 73
Paragraph (1)
Sufficiently clear
Paragraph (2)
other, or being specific.
Article 74 up to article 77
Sufficiently clear
Article 78
By enforcing this law 12 (twelve) months after the date of promulgation, it can be socialized particularly among the parties related to copyrights, such as institutes of higher learning, associations dealing with copyrights, and so forth.
