Commons:Copyright rules by territory/Indonesia

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Copyright rules: Indonesia
Shortcut: COM:INDONESIA
Flag of Indonesia
Map of Indonesia
Durations
Standard Life + 70 years
Photograph Publish + 50 years
Anonymous Publish + 50 years
Audiovisual Publish + 50 years
Applied art Publish + 25 years
Other
Freedom of panorama No
Common licence tags {{PD-old-auto}}
{{PD-IDNoCopyright}}
{{PD-IDGov}}
{{PD-IDOld-Art58}}
{{PD-IDOld-Art59}}
{{PD-IDUnknown}}
ISO 3166-1 alpha-3 IDN
Treaties
Berne convention 5 September 1997
WTO member 1 January 1995
URAA restoration date‌* 1 January 1996
WIPO treaty 6 March 2002
*‌A work is usually protected in the US if it is a type of work copyrightable in the US, published after 31 December 1928 and protected in the country of origin on the URAA date.

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

Governing laws

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

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

Indonesia is a High Contracting Party to:

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

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

General rules

Under the 2014 Copyright Law:

  • The standard copyright term for literary, musical, fine art and architectural works is the author's life + 70 years.[28/2014 Article 58(1)]
  • For works of joint authorship, protection lasts for the life of the last surviving author + 70 years.[28/2014 Article 58(2)]
  • For works authored by legal entities, protection lasts for 50 years from publication.[28/2014 Article 58(3)]
  • A term of 50 years from publication applies to anonymous or pseudonymous work.[28/2014 Article 60(2)]
  • For photographs, portraits, cinematographic works, derived works and collected works, copyright lasts for 50 years from publication.[28/2014 Article 59(1)]
  • For works of applied art protection lasts for 25 years since the first publication.[28/2014 Article 59(2)]

Photographic works from Indonesia published before 1971 may be in the public domain in the United States if they were published without a copyright notice and not published in the US within 30 days after their Indonesian publication. Under the 1982 Copyright Law, as amended in 1987, the copyright law in effect at the time of the URAA, prescribed a 25-year post-publication copyright for photographic works, so works published before 1971 would have been public domain at the time of the URAA.

The previous law on copyright, 2002 Copyright Law, was repealed and replaced by the 2014 Copyright Law. See "Category:PD Indonesia license tags" to check deprecated PD Indonesia copyright tags.

Copyright limitation and public domain

Not protected

Shortcut

See also: Commons:Unprotected works

2014 Copyright Law is based on Dutch law and retains the same distinction between works with "no copyright" and works that may be used "without infringement of Copyright".

According to Article 42, the following works have no copyright: result of open meetings of State institutions; laws and regulations; State speeches or speeches of government officials; court decisions or judge provisions; scriptures or religious symbols. These works are in the public domain and should be tagged with {{PD-IDNoCopyright}}.

According to Article 43, Acts that are not considered as Copyright infringements include:

  • Publication, Distribution, Communication, and/or Reproduction of State emblems and national anthem in accordance with their original nature; [28/2014 Article 43(a)]
  • Any Publication, Distribution, Communication, and/or Reproduction executed by or on behalf of the government, unless stated to be protected by laws and regulations, a statement to such Works, or when Publication, Distribution, Communication, and/or Reproduction to such Works are made. [28/2014 Article 43(b)]
  • Taking of actual news, either in whole or in part from a news agency, Broadcasting Organization, and newspaper or other similar sources provided that the source is fully cited; [28/2014 Article 43(c)]
  • Production and distribution of the Copyrighted content through information technology and communication media that are not commercial and/or lucrative for the Author or related parties, or the Author expresses no objection to the manufacture and dissemination in question. [28/2014 Article 43(d)]
  • Reproduction, Publication, and/or Distribution of Portraits of the President, Vice President, former Presidents, former Vice Presidents, National Heroes, heads of State institutions, heads of ministries/non-ministerial government agencies, and/or the heads of regions by taking into account the dignity and appropriateness in accordance with the provisions of laws and regulations. [28/2014 Article 43(e)]

These works may be uploaded to Commons and tagged with {{PD-IDGov}}. However, please note that it has not been determined if modifications or derivatives can be made to works enumerated in Article 43 (Please read the Commons discussion on the issue here).

Copyright tags

Shortcut

See also: Commons:Copyright tags

  • {{PD-IDGov}} – for works published and/or distributed by the government of Republic of Indonesia and fulfills the conditions of Article 43 of the 2014 Copyright Law on copyrights., see Commons:Licensing
  • {{PD-IDOld-Art58}} – for works whose copyright has expired according to Article 58 of the 2014 Copyright Law
  • {{PD-IDOld-Art59}} – for works whose copyright has expired according to Article 59 of the 2014 Copyright Law
  • {{PD-IDUnknown}} – for works by unknown authors whose copyright has expired according to section (2) and (3) from Articles 60 of the 2014 Copyright Law
  • {{PD-IDNoCopyright}} – no copyright according to Article 42 of the 2014 Copyright Law

Currency

Shortcut

See also: Commons:Currency

OK under Article 43(b) of the 2014 Copyright Law. The design, printing, and distribution of Rupiah banknotes and coins are regulated by the 2011 Currency Law. Bank Indonesia, the central bank and an independent state agency,[1] prints Rupiah on behalf of the government.[2] Publication, distribution, communication, and/or reproduction executed by or on behalf of the government, unless stated to be protected by laws and regulations, a statement to such Works, or when publication, distribution, communication, and/or reproduction to such works are made are not considered an infringement of copyright.

OK under Article 14(b) of the now-repealed Indonesian Copyright Act No. 19, 2002 states that "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" is not an "infringement of Copyright". Indonesian banknotes are issued by Bank Indonesia and its predecessor Bank Negara Indonesia, which from 1953 to 1968 was "a corporate body belonging to the state" (Act No.11 of 1953), from 1968 to 1999 "belongs to the state" (Act No.17 of 1968) and from 1999 onwards is "a state institution:, and they thus fall under the aegis of Article 14b.[3]

Please use {{PD-IDGov}} for images of Indonesian currency. However, please note that it has not been determined if modifications or derivatives can be made to works enumerated in Article 43 of the 2014 Copyright Law (Please read the Commons discussion on the issue here).

Freedom of panorama

Shortcut

See also: Commons:Freedom of panorama

 Not OK ({{NoFoP-Indonesia}}), with exception on educational purpose and non-commercial use. There is no usable provision under the Chapter VI ("Copyright Limitations", Articles 43–51) in the 2014 Copyright Law allowing unrestricted uses of images of copyrighted artistic works in public spaces for commercial purposes. Fair use-like provisions exist, such as use for educational and research purposes (Article 44.1), personal use (Article 46), and reporting of current events or short excerpts of the works by the broadcast media (Article 48.b).

This position was upheld by Creative Commons Indonesia in their November 2018 statement on freedom of panorama status in Indonesia.[4]

Several users and contributors have claimed that freedom of panorama exists by virtue of Article 43(d). However, the 2018 statement of Creative Commons Indonesia asserts that this is a restrictive provision, in which every image showing copyrighted architecture and public art must bear a statement claiming that the use is not for profit. Otherwise, direct permission from the creator or copyright holder is totally required when the use involves commercial interest, to avoid acts of copyright infringement.[4] The provision in question:

  • The production and distribution of the copyrighted content through information technology and communication media that are not commercial and/or lucrative for the Author or related parties, or the Author expresses no objection to the manufacture and dissemination in question.[28/2014 Article 43(d)]

It should be noted that Commons:Licensing forbids fair use and non-commercial licensing, as these types of licenses prevent files from "being used by anyone, anytime, for any purpose."

Throughout 2020-21, an extensive discussion, which does not reach any form of meaningful consensus, about the status of FoP in Indonesia can be found here and here.

Stamps

See also: Commons:Stamps

Public domain under Article 43(b) of the 2014 Copyright Law.

Please use {{PD-IDGov}} for images of Indonesian postal stamps. However, please note that it has not been determined if modifications or derivatives can be made to works enumerated in Article 43 (Please read the Commons discussion on the issue here).

Threshold of originality

Shortcut

See also: Commons:Threshold of originality


Indonesia's threshold of originality is reportedly low, being based on common law ("Anglo-American model") principles, with "wallpaper, wrappers, packaging designs and technical drawings" being registered by copyright authorities.[5]

See also

Citations

  1. ↑ Art 4, 1999 Bank Indonesia Law.
  2. ↑ Art 11, 2011 Currency Law
  3. ↑ Act No.23 of 1999 concerning Bank Indonesia, Article 4(2).
  4. ↑ a b Apa itu Freedom of Panorama?. Creative Commons Indonesia (2018). Retrieved on 2021-03-20.
  5. ↑ (2007) COPYRIGHT LAW REFORM AND THE INFORMATION SOCIETY IN INDONESIA, Sydney University Press Retrieved on 24 September 2021.
Caution: The above description may be inaccurate, incomplete and/or out of date, so must be treated with caution. Before you upload a file to Wikimedia Commons you should ensure it may be used freely. See also: Commons:General disclaimer
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