Did you know that copyright is something that cannot be separated from various types of work in the digital era like now? Yes, when you edit a video or want to use someone else’s music, there are copyright rules. Or even when you do research and have to use sources from a book or journal, there are also copyright rules. So, copyright is indeed something that we will always face. So what exactly is copyright and what products or works can be subject to copyright? Well in order to better understand it, in this article we will discuss what copyright is along with its functions and types that can be given legal protection.
Definition of Copyright
Copyright is one part of Intellectual Property Rights (IPR) in the fields of science, art, and literature. The definition of copyright itself is described in Article 1 paragraph (1) of Law Number 28 of 2014 concerning Copyright which states that:
“Copyright is the exclusive right of the creator that arises automatically based on the declarative principle after a creation is realized in real form without reducing the restrictions in accordance with the provisions of the legislation”.
In other words, the copyright is granted automatically to a creator for his works, whether in the form of ideas, writings (books, articles, journals), recordings (video, sound, music), images (paintings and photographs), or works of art. As a copyright holder, you can use, sell, and license it to third parties.
Function of Copyright
Broadly speaking, copyright serves to appreciate a work or creation and encourage the creator of the work to produce new works. The function of the implementation of copyright law is to protect the exclusive rights, moral rights, and economic rights for the creator of the work.
- Exclusive Rights
An exclusive right is the right of the creator to control the mechanism of ownership as well as distribution of his or her work. This means that anyone who wants to use, copy, reproduce, and sell a copyrighted work must first obtain permission from the creator.
- Moral Rights
Moral rights mean that even if the work has been purchased, the buyer must still include the name of the creator of the work. Moral rights also mean that the work will always be associated with whoever the creator is.
- Economic Rights
Economic rights mean that the creator of the work is entitled to economic rewards from those who use it. Where the party who wants to use the work can become a copyright holder with the permission of the creator through the agreement.
Types of Copyright and Term of Protection
Based on Article 40 of Law Number 28 of 2014 concerning Copyright, the works granted copyright are intellectual works in the fields of science, literature, and art. However, each protection of the work has a different validity period, depending on the type of creation and the type of exclusive rights. For moral rights apply indefinitely. While economic rights have different protection time limits as stipulated in articles 58-60 of the Copyright Law.
- Creation with Lifetime Copyright plus 70 Years
Protection of creations listed in Article 58 paragraph (1) of the Copyright Law lasts as long as the creator lives and will be valid for 70 years after the creator dies. These creations include:
- Books, pamphlets, and all other written works;
- Lectures, lectures, speeches, and other types of creation;
- Teaching aids made for the benefit of education and science;
- Songs or music with or without text;
- Drama, musical drama, dance, choreography, puppetry and pantomime;
- Works of art in all forms such as painting, drawing, engraving, calligraphy, sculpture, statue, or collage;
- Architectural works;
- Maps; and
- Batik art or other motif art
- Creations with 50 Years of Copyright
Furthermore, Article 59 paragraph (1) of the Copyright Law mentions the types of creations whose protection is valid for 50 years from the first announcement, among others:
- Photographic works;
- Portrait;
- Cinematographic works;
- Video games;
- Computer programs;
- Layout of the paper;
- Translations, interpretations, adaptations, anthologies, databases, adaptations, arrangements, modifications and other works of transformation;
- Translation, adaptation, arrangement, transformation or modification of traditional cultural expressions;
- Compilation of works or data, whether in a format that can be read by a computer program or other media; and
- Compilation of traditional cultural expressions
- Creation with Copyright for 25 Years
Article 59 paragraph (22) of the Copyright Act describes the creation of works of applied art valid for 25 years. Where copyright protection applies from the first announcement of the right.
- Creation with Indefinite Copyright
For traditional cultural expressions held by the state, the copyright protection applies indefinitely.
Is Copyright Transferable?
In copyright, exclusive rights that can be transferred to other parties are in the form of economic rights to the creation. By having economic rights, the creator or copyright holder can utilize the work for profit, such as by publishing, duplicating and distributing, as well as performing the work. Based on article 16 paragraph (2) of the Copyright Act, copyright can be transferred among others because:
- Inheritance;
- Grant
- Endowment;
- Testament;
- Written agreement; or
- Other justified reasons in accordance with statutory provisions
If the economic rights have been transferred entirely to another party, then the creator or copyright holder can not use the economic rights again. In addition to being transferable, copyright is also an intangible item that is considered an asset so that it can also be used as collateral, for example used as debt collateral. But in addition to the transfer of economic rights over a work, the Copyright Law also provides another scheme for third parties to be able to exercise economic rights without transferring these rights from the creator or copyright holder. This scheme is a license, which is defined as a written permission granted by the creator to another party to exercise economic rights over his creation or related products under certain conditions. Granting this license is done by agreement and as a licensor, the creator or copyright holder can get a reward called royalties. That is the explanation of copyright ranging from understanding, function, to the type and period of protection.
KH Contact
Basically, copyright is born automatically at the time the work is created. However, to strengthen proof of ownership of copyright, creative workers or creators of works should protect their creations by applying for copyright registration to the DJKI. By first registering the copyright to DJKI, then KH Friend no longer needs to worry about other parties who can sabotage and take advantage of a work that you created with difficulty. If there are other parties who want to use the work of creation that has been registered for certain purposes, then the party must first ask permission from the copyright holder. The copyright holder also has the right to refuse or agree with certain cooperation such as the amount of royalties that must be paid and so on. So from now on, don’t hesitate to register your copyright with the DGKI! Moreover, now copyright registration has also become easier thanks to the Legal Contract. Kontrak Hukum is a digital smart platform that provides the most complete, trusted, and affordable legal services, one of which is copyright registration. The types of copyrights that can be registered through the Legal Contract are also very complete, you know! KH pals can directly visit the page https://kontrakhukum.com/kekayaan-intelektual/. Or see the full details below:
- Written work
- Artwork
- Music composition
- Audio-visual works
- Photographic works
- Drama & choreography works
- Recorded works
Take it easy, the costs required are also quite affordable, starting from IDR 2 million for each copyright registration service. Of course, it is faster and more efficient because it will be done directly by professional experts at Kontrak Hukum. Come on, immediately register your copyright to be protected by law easily with us! For more information about other excellent services in Kontrak Hukum, KH friends can contact us at Tanya KH, or via Direct Message (DM) to Instagram @kontrakhukum.
