Copyright constitutes a form of intellectual property with the broadest scope of protected subject matter, encompassing science, art, and literature including computer programs. The growth of the creative economy a key economic pillar for Indonesia and many other nations alongside the rapid advancement of information and communication technology, necessitates an update to the Copyright Law, given that copyright serves as the fundamental basis of the national creative economy. It is anticipated that a Copyright Law which effectively addresses both protection and the development of the creative economy will enable the copyright and related rights sector to make a more optimal contribution to the national economy.

  • Copyright is the exclusive right of the creator that arises automatically based on the declarative principle once a work is expressed in a tangible form, without prejudice to limitations in accordance with the provisions of laws and regulations.
  • Related rights are exclusive rights granted to parties that assist in disseminating or presenting a work to the public. Parties holding related rights include performers, phonogram producers, or broadcasting organizations.

The nature of protection for Copyright and Related Rights is governed by Law Number 28 of 2014 concerning Copyright, encompassing the following:
1. Automatic Protection (based on the Declaratory Principle)
- Copyright and Related Rights arise automatically the moment a creation or work is manifested in a tangible form.
- Owners of Copyright and Related Rights are not required to register their works; however, registration is highly recommended to serve as proof of ownership and valid evidence in the event of a dispute.

2. Exclusive Nature
- Copyright and Related Rights grant the right holder exclusive authority to use, publish, reproduce, distribute, rent out, or adapt the work, and/or to grant permission to other parties through a licensing mechanism.
- Other parties may not use the creation or the object of Related Rights without permission, except under circumstances specified by law.

3. Protection of Expression, Not Ideas
- Protection is granted to the tangible manifestation of an idea, notion, concept, or inspiration.
- Ideas or notions that have not yet been manifested in a tangible form do not receive Copyright protection.

4. Moral Rights and Economic Rights
- Moral Rights remain permanently attached to the creator; these include the right to have their name attributed, use a pseudonym, modify the creation, and preserve the integrity of the creation.
- Economic Rights grant the creator or right holder the right to derive economic benefits from the use of the creation.

5. Term of Protection
- Copyright protection does not last indefinitely; the term of protection varies depending on the type of creation and the copyright holder.
- Once the protection period expires, the creation enters the public domain and may be utilized by the general public.
- Moral Rights remain attached to the creator even after the Economic Rights have expired.

6. Transferable
- Economic Rights may be transferred through inheritance, gift, *waqf* (endowment), testamentary bequest, written agreement, or other means permitted by prevailing laws and regulations.
- Moral Rights, in principle, remain permanently attached to the creator, even after the term of protection has expired.

7. Territorial in nature, meaning Copyright protection applies within the territory of Indonesia in accordance with national regulations, yet it possesses universal reach through international conventions (ratification of the Berne Convention, WIPO Copyright Treaty (WCT), TRIPS Agreement (Trade-Related Aspects of Intellectual Property Rights), WIPO Performances and Phonograms Treaty (WPPT), Beijing Treaty on Audio-Visual Performances, and Marrakesh VIP Treaty).

8. Subject to Limitations and Exceptions The use of certain works without permission is permissible provided it does not prejudice the legitimate interests of the creator or Copyright holder and the source is fully cited. Examples include use for the purposes of education, research, the writing of scholarly works, criticism, review, news reporting, or specific non-commercial purposes.

1. Written WorksSub-categories of creations include: Other Written Works, Drama/Performance Scripts, Broadcast Scripts, Books, Written Works, Translations, Interpretations, Adaptations, Anthologies, Layouts of Written Works, Film Scripts, Written Works (Articles), Written Works (Dissertations), Written Works (Theses), Cinematographic Scripts, Modules, Novels, Written Works (Undergraduate Theses), e-Books, Illustrated Stories, Comics, Guidebooks/Instruction Manuals, Atlases, Pocketbooks, Textbooks, Course Notes/Handouts, Coloring Books, Fairy Tales, Magazines, Dictionaries, Encyclopedias, Biographies, Booklets, Journals, Papers, Research Proposals, Reviews, Resumes/Summaries, Synopses, Scientific Works, Research Reports, Poetry.
Protection period:- Copyright protection held by 2 (two) or more persons: Life of the creator + 70 years.- Copyright protection for legal entities: 50 years from the date of first announcement.- Cinematographic works, layouts of written works, translations, interpretations, adaptations, anthologies: valid for 50 years from the date of first announcement.
2. ArtworksSub-categories of creations include: Drawings, Teaching Aids, Pamphlets, Fine Arts, Paintings, Sculptures, Carvings, Calligraphy, Motif Art, Architecture, Maps, Brochures, Applied Arts, Fine Artworks, Woodcarvings, Collages, Illustrations, Sketches, Dioramas, Batik Artworks, Songket Art, Ikat Weaving Motifs, Tapis Motifs, Ulos Motifs, Sasirangan Motifs, Other Motif Art, Flyers, Leaflets, Posters, Banners, Streamers, Billboards, General Art. Protection period:- Copyright protection held by two (2) or more persons: Lifetime of the creator + 70 years.- Copyright protection for a legal entity: 50 years from the date of first announcement.- Applied Art: 25 years from the date of first announcement.
3. Musical CompositionsSub-categories of works include: *Karawitan* music, songs (music with lyrics), instrumental music (music without lyrics), arrangements, classical music, jazz, gospel, blues, rhythm and blues (R&B), funk, rock, metal, electronic music, ska, reggae, dub, hip-hop, rap, rapcore, pop, Latin music, country music, *dangdut*, and other music.
Protection period:- Copyright protection held by two (2) or more persons: Lifetime of the creator + 70 years.- Copyright protection for a legal entity: 50 years from the date of first announcement.
4. Audiovisual WorksSub-categories of works include: films, video recordings, lectures, television and film broadcasts, radio broadcasts, video broadcasts, cinematographic works, documentaries, commercials, cartoons, reportage, feature films, and broadcast works.
Protection period:Copyright protection held by an individual or a legal entity: 50 years from the date of first announcement.
5. Photographic WorksSub-categories of works include: photographic works, portraits.
Protection period:Copyright protection held by an individual or a legal entity: 50 years from the date of first announcement. 6. Dramatic and Choreographic WorksSub-categories include: Drama/performance, puppetry, pantomime, choreography, performance art, dance (dance-drama), musical theater, *Ludruk*, *Lenong*, *Ketoprak*, comedy/skits, acrobatics, opera, musical performances, magic acts, and circus acts.
Protection period:- Copyright held by two or more individuals: Lifetime of the creator + 70 years.- Copyright held by a legal entity: 50 years from the date of first announcement.
7. Recorded WorksSub-categories include: Lectures, speeches, sound or audio recordings, and sermons.
Protection period:- Copyright held by two or more individuals: Lifetime of the creator + 70 years.- Copyright held by a legal entity: 50 years from the date of first announcement.
8. Other WorksSub-categories include: Databases, compilations of works/data, video games, and computer programs.
Protection period:Copyright held by an individual or legal entity: 50 years from the date of first announcement.

1. Products of PerformersSub-categories of their creations include: Live Performances, Performance Fixations (Recordings), and Broadcasts of Performances. The term of protection is 50 years from the date of the first performance.
2. Products of Sound Recording Producers (Phonogram Producers)Sub-categories of their creations include: Music Albums or Singles (Master Recordings), Non-musical Sound Recordings, and Live Performance Recordings. The term of protection is 50 years from the date of production.
3. Products of Broadcasting OrganizationsSub-categories of their creations include: Television Programs (Visual/Audio-Visual Broadcast Works), Radio Programs (Radio Broadcast Works), Sports Broadcasts or Live Events, and Public Service Announcement Materials. The term of protection is 20 years from the date of the first broadcast.

It is important to understand that "Creator" and "Copyright Holder" are two distinct terms. A creator is not necessarily the copyright holder, and conversely, a copyright holder is not always the creator of a work.1. CreatorA creator is an individual or a group of individuals who, either independently or jointly, produce a work that is distinctive and personal in nature.
2. Copyright HolderThe copyright holder can be the creator themselves or another party who has legally acquired the rights from the creator.
3. Differences between Creator and Copyright HolderCreator:

  • The person who creates a work.
  • Always possesses Moral Rights.
  • Can be the Copyright Holder.
  • Moral Rights are inherent to them.

Copyright Holder:

  • The person or party who legally holds the copyright.
  • Does not always possess Moral Rights.
  • Is not always the creator.
  • Generally holds Economic Rights based on the transfer of rights or legal provisions.

4. Copyright Ownership in Various Conditionsa. Independently created worksIf a work is created independently without any transfer of rights, the creator is also the copyright holder.b. Jointly created worksIf a work is produced by two or more people, all parties who made a creative contribution to the work may be considered its creators.c. Works created within an employment relationship or upon commissionCopyright ownership for works created within an employment relationship or upon commission is determined by the provisions or agreements agreed upon by the parties to avoid disputes.d. Transfer of CopyrightThe transfer of Economic Rights regarding a work may occur through inheritance, gift, *wakaf* (endowment), bequest, written agreement, or other means in accordance with statutory provisions.