Gov’t Issues Regulation on Copyright Registration

Copyright (Photo by: Directorate General for Intellectual Property)

President Joko “Jokowi” Widodo on 26 February, 2020 signed Government Regulation Number 16 of 2020 on Registration of Works and Related Rights Product.

(Link: https://jdih.setkab.go.id/PUUdoc/176064/PP_Nomor_16_Tahun_2020.pdf)

The Regulation aims to implement the provisions of Article 73, Article 75, Article 77, and Article 79 of Law Number 28 of 2014 on Copyright.

According to the Regulation, Copyright is an exclusive right of creator that arises automatically based on declarative principles after a work has been created in a real form without reducing restrictions in accordance with provisions of Laws and Regulations.

“The Minister shall carry out registration and deregistration of Works and Related Rights Product,” Article 2 paragraph (1) of the Regulation reads, referring to the Minister who carries out Government affairs in the legal sector.

Registration and deregistration of Works and Related Rights Product, according to the Government Regulation, shall be carried out through applications that include: a. registration of Works or Related Rights Product; b. registration of the transfer of rights of registration of the Works and Related Rights Product; c. registration of the change of name and/or address of the creator, the copyright holder, or the owner of the Related Rights; d. withdrawal of application for registration of the Works and Related Rights Product; e. deregistration of the Works and Related Rights Product; and f. official certificate of the Works and Related Rights Product.

The Regulation also stipulates that the aforementioned application shall cover: a. date, month, and year of application; b. name, full address, and nationality of the creator, the copyright holder and/or the owner of the Related Rights; c. name, complete address, and citizenship of the Attorney, if the application is submitted through the Attorney; d. the type and title of the Works and Related Rights Product; e. the date and place of the first announcement of the Works and Related Rights Product; and f. description of the Works and Related Rights Product.

Applicants for registration of the Works and Related Rights Product, according to the Government Regulation, shall provide complete documents in the form of: a. photocopy of Applicant’s identity; b. photocopy of certificate of incorporation of legal entity that has been certified by authorized official, if the Applicant is a legal entity; c. samples of the Works, Related Right Products, or the replacements; d. declaration of ownership of the Works and Related Rights; e. letter of transfer of rights, if the Creator transfers its economic rights to the Copyright Holder; f. written approval letter from the Applicants to the Applicant who represent them, if the application is submitted by more than 1 (one) Applicant; g. Letter of Authorization, if the application is submitted through attorney; h. translation in the Indonesian language, if the application as referred to in letter d, letter e, and letter f are not in the Indonesian language; and i. proof of payment of fees.

The Government Regulation also stipulates that the Applicant may request the deregistration of Works or Related Rights Product by providing the complete documents in the form of: a. photocopy of the Applicant’s identity; b. photocopy of the registration of Works or Related Rights Product or certificate of registration of Works or Related Rights Product; c. written approval from the licensee, if the Works or Related Rights Product to be requested for deregistration is under a license agreement; d. Letter of Authority, if the application is submitted through attorney; and e. proof of payment of fees.

The application for registration as referred to is submitted in writing in the Indonesian Language by filling electronic and/or non-electronic forms. In the event that the application is submitted electronically, the complete application that cannot be submitted electronically must be submitted directly to the Minister.

“If the application requirements as referred to in Article 3 and Article 6 are stated to be complete and are essentially not the same as the Works recorded in the public register of works or other intellectual property objects, the Minister shall conduct the registration of the Works or Related Rights Product within a maximum period of 9 (nine) months from the date of the completion,” Article 22 of the Regulation reads.

The Minister announces the registration and deregistration of Works and Related Rights Product in the official website of the Directorate General that oversees intellectual property matters. These provisions, according to the Regulation, do not apply to the issuance of official certificate of registration of the Works or Related Rights Product.

In the event that Government Regulation applies, application for registration of Works, changes and deregistration, registration of transfer of rights, registration of changes in name and/or address of the owner of Copyright, and deregistration of Works, which have been submitted before this Government Regulation applies, shall be made in accordance with provisions of Laws and Regulations.

“The Government Regulation shall apply as of the date of its promulgation,” Article 26 of the Government Regulation reads. The Government Regulation was promulgated by Minister of Law and Human Rights Yasonna H. Laoly on 28 February, 2020. (EN)

Translated by: Ridwan Ibadurrohman
Reviewed by: Yuyu Mulyani