Definition of Copyright, Terms, Infringement, Registration, Function, Law

Copyright is a type of intellectual property right, copyright, but it is very different from other intellectual property rights (such as patents, which give a monopoly on the use of inventions), because copyright is not a monopoly right to do something, but a right to prevent others from doing something. who did it.

Copyright laws usually only cover creation in the form of embodiments of a particular idea and do not cover general ideas, concepts, facts, styles, or techniques that can be realized or represented in creation.

For example, copyrights relating to the Mickey Mouse cartoon prohibit unauthorized parties from distributing copies of the cartoon or creating works that imitate certain characters created by Walt Disney’s mouse, but do not prohibit the creation or other artwork of the mouse character in general.

Rights covered by copyright

Exclusive rights

Some of the exclusive rights that are generally granted to copyright holders are the right to:

1. Make copies or reproductions of the work and sell copies (including, generally, electronic copies),
2. import and export works,
3. creating derivative works or creating (adapting) derivative works,
4. displaying or exhibiting works in public,
5. sell or transfer exclusive rights to another person or persons.

What is meant by “exclusive rights” in this case is that only the right holder is free to apply the copyright, while other people or parties are prohibited from exercising the copyright without the approval of the copyright holder.

Economic rights and moral rights

Many countries recognize the moral right of the creator of the invention, the proper use of the WTO TRIPS Agreement (which, among other things, also requires the application of the relevant parts of the Berne Convention). In general, moral rights include the correct order in which the work is not altered or destroyed without consent, and the right to be recognized as the creator of the work.

According to the Continental Bill (France), “author rights” (Droit d’aueteur, right writer) are divided into “economic rights” and “moral rights” (Hutagalung, 2012).

Copyright in Indonesia is also familiar with the concepts of “economic rights” and “moral rights”. Economic rights are rights to obtain economic benefits from works, while moral rights are rights inherent in creators or actors (art, recordings, broadcasts), which cannot be removed for any reason, even if the copyright or related rights have been transferred. An example of the exercise of moral rights is the inclusion of the author’s name in the creation, even though for example the copyright in the creation has been sold for the benefit of other parties. Moral rights are regulated in Articles 24-26 of the Copyright Law.

Terms in Copyright

1. Creator

The Creator is a person or several people who jointly with their inspiration give birth to a Creation based on the ability of the mind, imagination, dexterity, skill, or expertise which is poured into a unique and personal form.

2. Creation

Creation is the result of every work of the Creator that shows its authenticity in the fields of science, art, or literature.

3. Copyright:

Special rights for creators and recipients of the right to publish or reproduce their creations or to give permission for it without reducing the restrictions according to the applicable laws and regulations.

4. Copyright Holder

is the Author as the Copyright Owner, or the party receiving the right from the Author, or another party receiving further rights from the party receiving the right.

5. announcement

is the reading, broadcasting, exhibition, sale, distribution, or dissemination of a Work by using any means, including internet media, or doing so in any way so that a Work can be read, heard, or seen by others.

6. Propagation

It is an increase in the number of a Work, either in whole or in a very substantial part by using the same or not the same materials, including changing it permanently or temporarily.

7. Licence

permission granted by the Copyright Holder or Related Rights Holder to other parties to publish and/or reproduce their Works or Related Rights products with certain conditions.

Copyright Protected And Uncopyrighted

Protected creation

Article 12 paragraph (1) of Law Number 19 of 2002 concerning Copyright stipulates in detail the works that can be protected, namely:

1. books, computer programs, pamphlets, layouts of published written works, and all other written works;
2. lectures, lectures, speeches, and other similar creations;
3. teaching aids made for the benefit of education and science;
4. songs or music with or without subtitles;
5. drama or musical drama, dance, choreography, wayang, and mime;
6. fine arts in all forms such as painting, drawing, carving, calligraphy, sculpture, sculpture, collage, and applied arts;
1. architecture;
2. map;
3. batik art;
4. photography;
5. cinematography;
6. translations, interpretations, adaptations, anthologies, databases, and other works from the translation.

Works that are not copyrighted

As an exception to the above provisions, no Copyright is granted for the following:

1. results of open meetings of state institutions;
2. legislation;
3. a state speech or a speech by a Government official;
4. court decision or judge’s decision; or
5. decisions of arbitration bodies or decisions of other similar bodies

Copyright Infringement and Sanctions

By mentioning or citing the source, it is not considered as a Copyright infringement on:

1. the use of the Works of other parties for the purposes of education, research, writing scientific papers, compiling reports, writing criticism or reviewing a problem without prejudice to the reasonable interests of the Author.
2. taking the Creation of another party, either in whole or in part, for the purpose of defense inside or outside the Court.
3. taking the Works of other parties, either in whole or in part, for the purposes of:

1. lectures solely for educational and scientific purposes; or
2. performances or performances that are free of charge provided that they do not harm the legitimate interests of the Creator.
3. reproduction of a Work in the fields of science, art and literature in braille for the purposes of the visually impaired, unless the reproduction is of a commercial nature.
4. reproduction of a Work other than a Computer Program, limited by means or by any means or similar process by public libraries, scientific or educational institutions, and non-commercial documentation centers solely for the purposes of their activities.
5. changes made based on considerations of technical implementation of architectural works, such as building creations.
6. making a backup copy of a Computer Program by the owner of a Computer Program that is carried out solely for his own use.

Copyright Registration

Protection of a work arises automatically since the creation is realized in a tangible form. Registration of a work is not an obligation to obtain copyright. However, both the creator and the copyright holder who register their creation will receive a work registration letter which can be used as initial evidence in court if a dispute arises in the future against the work. Works can be registered with the Copyright Office, Directorate General of Intellectual Property Rights-Ministry of Law and Human Rights (Ditjen HKI-DepkumHAM)

Copyright Act

Indonesia already has a Copyright law (UUHC) that provides protection for the intellectual property of the Indonesian people. The UUHC has been revised several times, starting with Law No.6/1982 which was later refined in Law No.7/1987, then Law No.12/1987 and the last one is Law No.19/2002.

Copyright Functions and Nature

Based on article 2 of law number 19 of 2002 concerning Copyright, copyright is an exclusive right for the creator or copyright holder to announce or reproduce his creations that arise to announce or reproduce his creations that arise automatically after a work is born without reducing restrictions according to law. – applicable law.

Meanwhile, based on articles 5 to 11 of law number 19 of 2002 concerning copyright, what is meant by the creator is as follows:

1. if a work consists of several separate parts created by two or more, the one who is considered as the creator is the person who leads and supervises the completion of the whole creation in the event that no one is considered the creator is the person who put it together without prejudice to the copyright of each. each for that part of his creation.

2. if a creation designed by someone is realized and carried out by another person under the leadership and supervision of the person who designed it, the creator is the person who designed the creation.

3. the copyright holder is the party for and in whose service the work is done, unless there is an agreement between the two parties without reducing the rights of the creator if the use of the work is extended to outside the official relationship.

4. if a work is made in a working relationship or based on an order the party who created the copyrighted work is considered as the creator and the copyright holder, unless otherwise agreed between the two parties.

5. if a legal entity announces that a creation originates from it without mentioning a person as the creator, the legal entity is considered as the creator, unless proven otherwise.