KH friends, must have found the words “copyrighted” on a work of art, a quote from the Copyright Law article on the front page of a book, or seen the © symbol on certain goods and products, such as VCDs, right? Do you know why artwork, books, and VCDs are associated with copyright? This is because all three are protected creations under the Copyright Law.
In addition to the three creations, it turns out that there are still various products, goods, objects that are also protected because they are part of copyright, you know. Want to know what are they? Let’s find out the answer from the following Contract Law explanation.
Copyright & Protected Objects at a Glance
For information, copyright is the exclusive right of the creator consisting of moral rights and economic rights that arise automatically based on the declarative principle after a work is realized in real form without reducing restrictions in accordance with the provisions of the legislation. The creation in question is any copyrighted work in the fields of science, art, and literature produced by inspiration, ability, thought, imagination, dexterity, skill, or expertise expressed in tangible form.
According to Article 40 of the Copyright Law, which includes objects or protected creations include creations in the fields of science, art, and literature, including:
- Books, pamphlets, illustrations of published works, and all other written works.
- Lectures, lectures, speeches, and other similar creations.
- Props made for the benefit of education and science.
- Songs and/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.
- Map.
- Batik artwork or other motif art.
- Applied artwork.
- Photographic works.
- Portrait.
- Cinematographic works.
- Translations, interpretations, adaptations, anthologies, databases, adaptations, arrangements, modifications and other works of transformation.
- Translation, adaptation, arrangement, transformation or modification of traditional cultural expressions.
- A compilation of works or data, either in a format that can be read by a computer program or other media.
- Compilation of traditional cultural expressions as long as the compilation is an original work.
- Video games.
- Computer Programs.
Term of Copyright Protection
Then, until when is copyright protection obtained? The term of copyright applies as long as the creator lives until 70 years after the creator dies specifically for the object of creation letters a-i above. For works of applied art, protection will be granted for a period of 25 years since it was first announced. As for other creations, it is valid for 50 years from the first announcement.
When the term of copyright expires, the creator and his heirs will only lose the right to obtain economic benefits for a creation. While the moral rights of the creator, such as the right to remain listed or not listed his name on the copy in connection with the use of his work to the public, change his work in accordance with the propriety in society, change the title and subtitle of the work, as well as defend his rights in the event of distortion, mutilation and modification of the work remains valid indefinitely.
Copyright Filing Application
As mentioned earlier, copyright is actually automatically obtained when the creation is declared. However, to obtain strong evidence as a copyright holder as well as legal protection if there are parties who commit copyright infringement, the creator also needs to apply for the recording of his creation at the DJKI. The recording of the creation in question is submitted with a written application in Indonesian by the creator, copyright holder, or his attorney electronically and/or non-electronically with:
- include examples of creation;
- attach a statement of ownership of the work; and
- pay fees.
The DGKI will then conduct an examination of the application that has met the requirements to determine whether the creation requested is essentially the same or not the same as the creation recorded in the general register of creations or other intellectual property objects. If the application is accepted, the DGKI will issue a creation registration letter and record it in the general register of creations.
KH Contact
Well Friend KH, that’s an explanation of what includes protected creations, how long the term of copyright protection, to the reason the creations we have need to be recorded. If you have questions related to copyright, need help to record your work, or want to consult about other legal issues, don’t hesitate to contact Kontrak Hukum at the following link Tanya KH! Kontrak Hukum is ready to provide answers and solutions that are fast, easy, and affordable.
