- CHAPTER I -GENERAL PROVISIONS
- CHAPTER II - DURATION OF COPYRIGHT
- CHAPTER III - REGISTRATION OF WORKS
- CHAPTER IV - COPYRIGHT BOARD
- CHAPTER V - RIGHT AND POWER TO CLAIM
- CHAPTER VI - CRIMINAL PROVISIONS
- CHAPTER VII - CLOSING PROVISIONS
COPYRIGH7 DECEMBER 1988 LA WS AND TREA TIES
INDONESIA
Act No.6 of 1982 on Copyright
(of April 12, 1982)
CHAPTER I -GENERAL PROVISIONS
Parr One
Meaning o(Some Terms
Artlclf 1. Meant in this Act by: Parr Two
FunctIOn and Narure q( Copyrighr
Arlicl£':. Copyright is an exclusive right of the author concerned or his assignee to publicize or reproduce his creation or to give permission for
LillI')' IIlIO .force April 1:::. 198:::. without prejudice to the restrictions based on the existing law provsions.
Article 3. (1) A copyright is considered as a movable property.
(2) Any copyright may be transferred in whole or in part, because of:
Article 4. Any copyright belonging to an author, likewise any copyright which has never been publicized and, upon the demise of the author concerned, has become the property of his heir or legatee, cannot be confiscated.
Parr Three
Author
Article 5. (I) Except if it is proved otherwise, the person considered to be the author is he whose name is registered as the author of the work in question based on the provision in Article 29, or, if the work in question is not registered, he who is referred to in or on the work in question as the author, or he who has been announced as the author in the publicity of the work in question.
(2) In the event that in a lecture given not in writing, there is no announcement on the author of it, then the person giving said lecture is considered the author of it, except if it is proved otherwise.
Article 6. In the event that a work consists of several separate parts, created (or authored) by two or more persons, then the person considered to be the author is he who has directed and supervised
CO!'YRJ(iHT -DFCE!vfBER 1<)88 LA WS AND TREATIES
the completion in whole of said work, or if there is no such person, he who has compiled it, without prejudice, however, to their respective copyrights, if any, to their individual share in said work.
A rtzcie 7. In the event that a work is materialized according to the design of somebody and worked out by someone else under the direction and supervision of the former, then he who has designed it, is the author of it.
A rticie 8. (1) In the event that a work is produced in the frame of an offIcial relation with another party within the same work sphere. then the party for whom and under whose jurisdiction said work is produced, shall be the holder of its copyright, except if there is another arrangement made by both panies. without prejudice. however. to the producer as the author of it. should it be that the use of said work is extended beyond said official relation.
(:2) In the event that a work is produced in the frame of a work relation with another party within the work sphere itself, then the party prodUClllg said work as the author of it. shall be the ho lder of its copyright. except if otherwise agreed upon by both parties.
Article 9. In the event that a corporate body
all forms of plastic arts. such as paintingannounces that it is the orig in of a given work with
out referring to somebody as the author of it. then said corporate body is considered to be the author of it. except if it is proved otherwise.
Part Four Holder 0/ CO[Jynglz! /0 Article 10. (1) The State shall hold the copyright to historical, prehistoricaL paleoanthropological works and other national cultural objects.
(:2) (a) Popular cultural products. representing communal property. such as folklores. narratives, fairy tales. legends. annals. folk songs, handicraft. choreography. folk dances. calligraphy and other anistic works. are preserved and protected by the State:
(b) The State shall hold the co pyrigh t tu the works as referred 10 III paragraph ( .::')( 11 ) in respell of the outSIde world. ( 5) Further provisions on copyrights held by the State as meant in this anicle shall be laid down by Government Regulation.
Part Five
CO[Jvrighr lO Creative Works Under Protection
Article J 1. ( 1) Under this Act. works under protection are those in the fIeld of science. literature and ans. covering such as:
1. books. pamphlets and all other products ot writing ;
discourses, lectures. speeches. etc.: and sculpture: 1 O. translations. interpretations. epitomes and kaleidoscopic compositions.
(:2) Translations. interpretations. epitomes. films. recordings. musical compositions. combinations of some works and other forms of reproduction by modifying the original creation. shall be protected as separate works. without prejudice to the copyright to the original creations. respectively.
(3) Also included in the protection meant in paragraph (1) and paragraph (:2). are all works not or not yet publicized but which have already taken the shape of a concrete entity. allowing the act of reproducing them.
1 ruc/c 1:: There shall be no copYrIght to:
(11) the outcome of any open-cloor meet ll1g of Supreme State InstItutions and Higher
COPYRIGHT -DECEMBER 1988 LA WS AND TREATIES
State Institutions as well as other constitutific or educational institution or docutional institutions; mentation center on non-commercial ba
law provisions (legislative provisions); sis in the exclusive furtherance of their court decrees and judicial rulings; activities. respectively:
State addresses and speeches of Govern(f) modifying any architectural work. such as ment officials; a work on construction. i.e. based on tech
awards of arbitration boards. nical considerations.
Article J 5. (1) In the national interest. any Part Six translation of a work in a foreign language, made into the Indonesian language or a regional dialect.
Restrictions on Copyright
shall not be considered an offense against copyright
Anide
(a) legacy; (h) benefaction; (c) testamentary will ; (d) ha vi ng been made state property; (e) agreement executed by deed on the under standing that such agreement only affects the authority stated in such deed.
SO/llCC State Gazette of the RepublIc of Indonesia. No. 15
of 198:::.-English translation proVIded by the Deparlmem
of .JUSllCC of Indonesia.
National Cultural Oll/cets