Copyright is crucial in the protection of authors, businesses, educators, software developers, agencies, publishers, and the content producers in Indonesia. It does not matter if the work concerns written books, computer software, music, photographs, architectural works, or other kinds of digital work; copyright can be said to provide some kind of protection to creative expressions.
Regarding Indonesia specifically, copyright protection in the country is regulated based on Law No. 28/2014 regarding Copyrights. Under this law, it can be stated that copyright is an exclusive right of a nature that is automatically effective upon the fixation of the work following the declarative principle under Indonesian copyright law.
One thing worth noting concerning copyrights is that copyright protects only the expression of the work and not the actual idea behind it. An individual may come up with an idea for business, storytelling, teaching, or anything else, but copyright usually kicks in only when that idea has been transformed into a tangible form such as writing, codes, images, audio or video recording.
Short answer: In Indonesian copyright covers original works relating to science, art, and literature put into tangible form, including written books, songs, movies, software, photography, paintings, architecture, maps, and databases.
What Does Copyright Protect in Indonesia?
In Indonesia, the term “ciptaan” or creation is used for works protected by copyright. Ciptaan refers to works that have been made using creativity, talent, imagination, or skill.
The criteria required for obtaining copyright include:
- Originality
- Resulting from the mental efforts of man
- Existing in the sciences, arts, or letters
- Being recorded in some permanent form
A number of categories of “ciptaan” that are protected by copyright are included in Article 40 of Law No. 28 of 2014.
Copyright Protects Expression, Not Ideas
A typical misconception is that copyrights protect ideas. On the contrary, copyrights cover the expression of ideas.
| Not Covered by Copyright | Covered by Copyright |
| A general idea for a detective story set in Jakarta | The written script of the book |
| An idea for a business application | The source code, UI artwork, or written content |
| A concept for a song or melody | The recorded song, lyrics, and musical composition |
| A teaching concept or learning method | Written slides, modules, diagrams, or videos explaining it |
This clarification is of utmost importance to businesses, creators, agencies, and software developers based in Indonesia.
List of Works Protected by Copyright in Indonesia
Indonesia’s copyright law is Article 40 which states that literary works include writings, lectures, educational materials, musical works, plays, paintings, applied artwork, architecture, cartography, batik art, photography, film, translation, adaptation, compilation, and computer software.
| Protected Work Category | Examples |
| Written works | Books, pamphlets, articles, manuscripts, blog posts, reports |
| Speeches and lectures | Public talks, sermons, lectures, presentations |
| Educational and scientific aids | Diagrams, teaching materials, visual aids, academic modules |
| Songs and music | Songs with lyrics, instrumental music, jingles |
| Drama and performances | Plays, musicals, dance, choreography, wayang, pantomime |
| Visual art | Paintings, drawings, carvings, calligraphy, sculpture, collage |
| Applied art | Product designs, craft designs, functional artistic works |
| Architecture | Building designs, architectural drawings |
| Maps | Geographic maps, thematic maps, technical maps |
| Batik and motif art | Batik art and other motif-based works |
| Photography | Portraits, commercial photos, editorial images |
| Cinematography | Films, documentaries, video content, audiovisual works |
| Translations and adaptations | Translated books, adapted scripts, modified works |
| Databases and compilations | Original compilations of data or materials |
| Computer programs | Software, applications, source code |
Examples of Copyright Protected Works
Are Books, Articles, and Blog Posts Protected?
Yes. Literary works, including books, articles, manuals, reports, website content, and blogs, are eligible for copyright if they meet the requirements of originality and fixation.
This applies to business websites, news portals, and individual blog entries, which could be copyrighted according to Indonesian law.
Are Songs and Music Protected?
Yes. Songs and music with or without lyrics are considered protected works in Indonesia. This copyright might apply to:
- Music compositions
- Lyrics
- Sound recordings
- Jingles
- Instrumental music
Are Photos and Videos Protected?
Yes. Photographs and movies are protected literary works under Indonesian copyright law. This might cover:
- Commercial photos
- Photos posted on social media sites
- Movies
- Advertisements
- Documentaries
- Videos on YouTube
- Corporate videos
Is Software Protected by Copyright in Indonesia?
Absolutely. Computer software is explicitly considered as copyrighted material in Indonesia.
Some examples where copyright protection can be claimed include:
- Computer source code
- Software applications
- Mobile applications
- Web code
- Game software
- Corporate systems
It should be noted that copyright is mostly granted for the actual code and expressions, and not just ideas.
Are Designs and Artwork Protected?
Yes. The following can be considered protectable artwork:
- Paintings
- Drawings
- Sculpture
- Collage
- Calligraphy
- Applied art
- Architecture
- Batik and Motif art
It is necessary that they fulfill the criteria of originality and tangible expression.
What Is Not Protected by Copyright in Indonesia?
There are certain things that cannot be copyrighted under Indonesian law. According to copyright law in Indonesia, the following cannot be copyrighted:
- Ideas
- Conceptions
- Principles
- Processes
- Systems
- Procedures
- Data or information
- News (if they are just facts)
- Things that have not been recorded in physical form
- Names or short expressions
Some of them may be protected under trademarks and other areas of intellectual property rights.
| Item | Copyright Protected? | Better Protection Route |
| Business idea | No | Confidentiality, contracts, trade secrets |
| Brand name | Usually no | Trademark |
| Logo artwork | Yes, if original | Copyright and/or trademark |
| App concept | No | Contracts, trade secrets, patents in limited cases |
| App source code | Yes | Copyright |
| Product name | Usually no | Trademark |
| Raw data | Usually no | Database rights or contractual protection |
| Written report | Yes | Copyright |
When Does Copyright Protection Start in Indonesia?
Copyright protection will be granted immediately after a creation is produced in an intelligible manner or made real in Indonesia.
This implies that creators do not have to formally register their work before gaining protection. It is automatically granted to the creators through the provisions of the law. Intelligible creations may include:
- Documents
- Audio recording
- Data stored in a computer or software
- Internet published material
- Videos
- Artwork that has been printed
In Indonesia, copyright protection is automatically provided to those who have created something in a tangible form.
Is It Required Copyright Recordation in Indonesia?
In Indonesia, copyright automatically occurs. Nevertheless, it can be quite beneficial to record the copyright at the Directorate General of Intellectual Property, which is referred to as DJKI.
Recording the copyright can help you:
- Establish ownership of the copyright
- Enforce the copyright claims
- Negotiate with licenses
- Conduct due diligence
- Reduce evidentiary disputes
This will be quite helpful for businesses, agencies, musicians, programmers, filmmakers, and publishers.
When Should You Record a Copyright?
Recordation is often suggested when:
- The material holds commercial value
- The material needs licensing or selling
- The material will be distributed publicly
- Several people have worked on the material
- The material has been created under commission
- The material contains software, films, music, or branding elements
- Potential ownership disagreements are expected
Who Owns the Copyright?
According to Indonesian law, the author is typically the first copyright holder. Nevertheless, situations might get more complicated when there are employment issues, commissions, agencies, and businesses involved. Thus, written contracts are crucial in these scenarios. Organizations need to regulate copyright ownership regarding:
- Freelancers
- Designers
- Programmers
- Photographers
- Agencies
- Consultants
Common Ownership Scenarios
| Scenario | Possible Copyright Owner | Practical Tip |
|---|---|---|
| Freelancer designs a logo | Freelancer unless assigned | Use written assignment |
| Employee creates work for company | Depends on contract and law | Clarify in employment agreement |
| Agency creates campaign assets | Agency or client, depending on agreement | Define ownership and usage rights |
| Software developer builds app | Developer or company, depending on contract | Assign source code rights clearly |
How Long Does Copyright Protection Last in Indonesia?
The time period in which copyright is protected in Indonesia is determined by the nature of the work and the type of ownership.
Most literary and artistic works are protected for life, plus another period after death. However, there are certain categories that may have a different protection period.
Some of these categories may include:
- Computer software
- Photography
- Film-making
- Database
- Adaptation
- Applied art
It is important to verify the category of work before applying for any protection period.
| Work Type | Why Duration Matters |
| Books, songs, art | Long term author based protection may apply |
| Software | Different term rules may apply |
| Photography | Different term rules may apply |
| Films | Different term rules may apply |
| Applied art | Often shorter protection than literary or artistic works |
Copyright vs Trademark vs Patent in Indonesia
Copyright is only one part of intellectual property law in Indonesia.
| IP Right | Protects | Example |
| Copyright | Creative expression | Song, book, photo, software code |
| Trademark | Brand identity | Company name, product name, logo used as a brand |
| Patent | Technical invention | New machine, process, or technical solution |
| Industrial design | Product appearance | Shape, pattern, or configuration of a product |
| Trade secret | Confidential business information | Formula, method, customer list |
Can One Work Have Multiple IP Protections?
Yes. A business asset can comprise multiple intellectual property rights. Some examples are:
- A logo that is covered both by copyright as art and trademark as an identifier
- Computer software that is copyright protected, but its algorithms are trade secrets
- Product packing covered by copyright, trademarks, and design rights
Practical Checklist: Is Your Work Protected by Copyright?
Your work has more chances to be eligible for copyright protection if:
- It is an original work
- It has been made out of human effort
- It belongs to science, arts, or literature
- It can be expressed in a tangible medium
- It is not an idea or a method
- Authorship and creation date can be proved
Key Takeaways
- In Indonesia, copyright protects original works that exist in scientific, artistic, or literary fields.
- Copyright is limited to the expression of the content, and not the concept itself.
- Examples of copyrighted works are books, musical compositions, films, photographs, software, architecture, charts, and databases.
- Copyright automatically takes effect when the creation is set in permanent form.
- It is not mandatory to register a copyright, although it is helpful to prove its existence.
FAQ
What works are protected by copyright in Indonesia?
Works in science, art, and literature may receive protection, including books, music, films, photographs, software, visual art, architecture, maps, performances, and compilations.
Does copyright protect ideas in Indonesia?
No. Indonesian copyright law protects the expression of an idea, not the idea, concept, method, or system itself.
Is software protected by copyright in Indonesia?
Yes. Computer programs are specifically recognized as protected works under Indonesian copyright law.
Are photos protected by copyright?
Yes. Photographic works are protected if they are original and expressed in a tangible form.
Are social media posts protected by copyright?
They can be. Original text, graphics, images, videos, and other creative expressions published on social media may qualify for copyright protection.
Do I need to register copyright in Indonesia?
Copyright generally arises automatically. However, copyright recording with DJKI can help provide evidence of ownership.
Is a company name protected by copyright?
Usually no. Company names are generally protected under trademark law rather than copyright law.
Can a logo be protected by copyright?
Yes. A logo may qualify for copyright protection as artwork if it is sufficiently original. It may also receive trademark protection when used as a brand identifier.
