Hitech included in new Copyright Law

Kurniawan Hari, The Jakarta Post, Jakarta

High technology and punishment for violators are among the new elements in the copyright bill that was passed into law by the House of Representatives on Thursday.

The law stipulates that the state holds the copyright on ancient, historic or other cultural material as well as cultural products or folklore, which has become public domain, such as fables, legends, calligraphy or handicrafts.

The new law was endorsed at a plenary meeting attended by about 106 legislators. The House secretariat, however, claimed that 329 had signed the attendance list.

The law envelops all aspects of Intellectual Property Rights, an umbrella act consisting of copyright, patent, trademark, geographic indication, industrial design, design for integrated circuit layout and trade secrets.

The scope of the copyright ranges from science to arts and literature, including computer programs, papers, musical pieces, dramas, dances, pantomimes, architecture, maps, photography, cinematography, translations, databases and other creations.

But it does not cover some material, including the results of public meetings of state institutions, laws, state address, court verdicts or arbitration.

The new law is a revision to Law No. 12/1997. The latter was a revision of Law No. 7/1987. The Copyright Law was first introduced in 1982.

The revision in 1997 was designed to adjust the law with rulings on the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPs).

The new law will come into effect in one year.

Key articles

Article 29: The copyright on books, pamphlets, drama, dance, paintings, sculptures, batik, music, architecture, sermons, maps and translations lasts as long as the creator is alive and 50 years after the creator has died.

Article 30: The copyright on computer programs, cinematography, photography and databases lasts for 50 years after its announcement.

Article 31: The copyright under the authority of the state for cultural products or folklore that has become public domain, such as fables, legends, calligraphy or handicrafts, lasts for an unlimited length of time.

Article 72: (1) Violators of a copyright face a maximum penalty of seven years imprisonment or a Rp 5 billion fine. (2) Those who publish, display, distribute or sell illegal material face a maximum penalty of five years imprisonment or a Rp 500 million fine.