Copyright is an important part of intellectual property. It gives the creators legal control and permission to produce, multiply, as well as sell or distribute their works to the public. In Indonesia, the regulation of copyright is specifically arranged under the Copyright Law. The law is a complete package which consists of anything related to copyright regulation in the country, from general to transitional provision.
One of the matters included in the Copyright Law is copyright claim, that is, a privileged demand of a creator to register and protect their works under the Directorate General of Intellectual Property. In accordance with it, this article will discuss two main aspects of a copyright claim in Indonesia: copyright submission and registration for original work, and claim for copyright violation.
How to Submit a Copyright Claim in Indonesia
The procedures of registration for new or original work are set up in the Article 66 of the Copyright Law. Since 2014, the Indonesian government has allowed creators to register copyright for their works via online submission besides the manual one. However, the creators are still required to submit a direct application in writing before the registration is submitted.
Below are some important points and procedures that should be followed when the creators want to submit copyright claim for their original works.
- When submitting the application, the creators must include a sample of their work, attach a statement of Works and Related Rights ownership, and pay the registration fee.
- If the application is submitted by several people, all of the applicants’ names must be included and written on the application form.
- If the applicants are foreigners who come from outside of Indonesia, the application must involve a Power of Attorney which is processed through the intellectual property consultants.
- A thorough examination will be conducted by the Indonesian Minister of Justice and Human Rights to determine whether the submitted works are approved or rejected for a copyright claim.
- If the registered work is approved to get a copyright, the certificate will be given in written form to the creators.
Claim for Copyright Violation
According to the Law of the Republic of Indonesia Number 28 of 2014 about Copyright, the creator or the copyright holder can claim the copyright if their works—some parts or all of them—are violated, plagiarized, or distributed and reproduced publicly without their permission. This point is discussed in the Article 99, Chapter XIV of Copyright Law about Settlement of Disputes.
In this particular way, the copyright holder is allowed to claim copyright regarding Copyright Violation or the products of other Related Rights. The claim itself is filed to the Commercial Court. Once the copyright claim is accepted and processed, the copyright holder has the options to demand two forms of compensations: first, a request to receive all or some parts of income earned by the violators; and two, an application for interlocutory injunction.
When the second option is chosen, the copyright holder can ask the Commercial Court to foreclose any resulting creation from violation, plagiarism, or infringement. Moreover, the creator also has the right to file for the halt in the announcement, multiplication, or distribution of violated works.
Considering that copyright claim in Indonesia plays an important role to enforce the country’s intellectual property rights, its procedure should be performed accordingly. Therefore, it will avoid any misleading steps or mistreated practices of the Copyright Law.