Frequently Asked Questions

Copyright is an essential aspect of intellectual property law that protects original works of authorship. In Indonesia, copyright is primarily regulated by Law No. 28 of 2014 on Copyright, which provides legal protection for creators and ensures that their rights over their works are recognized and respected.

What is Copyright?

Copyright refers to the exclusive rights granted to the creator of an original work in the fields of literature, art, and science. It gives the creator control over the use, reproduction, distribution and adaptation of their work, preventing unauthorized use by others.

Protected Works

According to Article 40 of Law No. 28 of 2014, the following works are protected under copyright:

• Books, pamphlets, and all written works
• Lectures, speeches, and other oral presentations
• Songs and music, with or without lyrics
• Dramatic works, including stage plays
• Choreographic works
• Fine art, such as paintings, drawings, sculptures
• Architectural works
• Photographic works
• Cinematographic works (films)
• Translations, adaptations, and other derivative works

The law also extends protection to computer programs, video games and databases.

Duration of Copyright Protection

The duration of copyright protection depends on the type of work:

• Lifetime + 70 years: Literary, artistic, and musical works (protection extends for 70 years after the author’s death).
• 50 years from publication: Cinematographic works, photographs, databases, video games, and computer programs.
• 25 years from creation: Applied art, such as batik designs.

After the protection period expires, the work enters the public domain, allowing anyone to use it freely.

Moral and Economic Rights

The law recognizes two types of rights:

1.Moral Rights

Moral rights protect the creator’s personal connection to their work. These rights include:

• The right to be acknowledged as the creator.
• The right to prevent distortion or modification of the work that may harm the creator’s reputation.

Moral rights cannot be transferred but can be inherited.

2.Economic Rights

Economic rights allow the creator to gain financial benefits from their work. These include rights to:

• Reproduce and distribute the work.
• Perform or display the work publicly.
• License or sell the copyright to others.

Economic rights can be transferred through inheritance, sale or licensing agreements.

Fair Use and Limitations

While copyright law protects creators, it also allows for limited use of copyrighted works under fair use provisions, such as:

• Use for educational purposes.
• Use for news reporting or research.
• Personal or private use.

However, fair use must not harm the economic interests of the creator.

Copyright Infringement and Penalties

Unauthorized use of copyrighted material without permission is considered copyright infringement. Under Article 113 of the Copyright Law, penalties include:

• Fines up to Rp. 4 billion(approx. USD. 250,000.00).
• Imprisonment of up to 10 yearsfor severe violations.

To enforce their rights, creators can take legal action through civil lawsuits, criminal complaints or alternative dispute resolution.

Registration of Copyright

Although copyright is automatically granted upon creation, creators can register their works with the Directorate General of Intellectual Property (DGIP) to strengthen legal protection and facilitate enforcement.

Indonesian copyright law provides strong protection for creators, ensuring they can control and benefit from their works. Understanding these rights is crucial for both creators and users of copyrighted material to avoid legal disputes and support the creative industry.

Contact us at rhp@rhp.co.id; khudewi@rhp.co.id for more information on copyright in Indonesia.

  By: Khurnia Hudewi

Music royalties are a crucial component of the entertainment industry, ensuring that creators and rights holders receive fair compensation for the use of their works. In Indonesia, the enforcement of copyright law plays a significant role in resolving disputes related to music royalties. This article explores the legal framework governing music royalties in Indonesia, common disputes, and how copyright law is implemented in resolving these conflicts.

Legal Framework for Music Royalties in Indonesia

The main legal foundation for copyright protection in Indonesia is Law No. 28 of 2014 on Copyright. This law provides comprehensive protection for copyright holders, including composers, lyricists, performers, and producers. It regulates:

• Exclusive Rights: Copyright owners have the right to reproduce, distribute, and commercialize their works.
• Moral Rights: Creators retain the right to be recognized as authors and to protect their works from unauthorized modifications.
• Economic Rights: Rights holders are entitled to receive royalties when their works are used commercially.
• Collective Management Organizations (CMOs): The law allows rights holders to authorize CMOs to collect and distribute royalties on their behalf.

The Directorate General of Intellectual Property (DGIP) under the Ministry of Law and Human Rights oversees copyright implementation and dispute resolution.

Common Disputes in Music Royalties

Several types of disputes frequently arise in Indonesia regarding music royalties:

1. Unauthorized Use of Music: Businesses, such as restaurants, hotels, and event organizers, sometimes play copyrighted music without paying royalties.
2. Disputes Over Royalty Distribution: Disagreements between artists, composers, and producers over how royalties should be divided.
3. CMO Conflicts: Multiple CMOs claiming the right to collect royalties for the same work can lead to conflicts.
4. Digital Streaming and New Media Issues: With the rise of streaming platforms, disputes often arise regarding fair compensation models for artists.

Implementation of Copyright Law in Dispute Resolution

1. Mediation and Arbitration

The Indonesian Copyright Law encourages alternative dispute resolution (ADR), including mediation and arbitration, before resorting to litigation. The Indonesian Mediation Center (PMN)and the Arbitration and Mediation Center for Intellectual Property Rights (BAM-HKI) are commonly used for resolving royalty disputes.

2. Legal Actions and Court Decisions

If mediation fails, rights holders can file lawsuits in commercial courts. Some notable cases have established precedents in royalty payments and copyright enforcement. Courts may issue:

• Compensation Orders: Requiring infringers to pay outstanding royalties.
• Injunctions: Preventing further unauthorized use of copyrighted music.
• Criminal Sanctions: In severe cases, copyright infringement can result in fines or imprisonment.

3. Role of the National Collective Management Organization (LMKN)

The LMKN (Lembaga Manajemen Kolektif Nasional) is a government-backed body that oversees the collection and distribution of music royalties. It works to streamline royalty payments and reduce conflicts between CMOs. However, disputes still arise due to differing interpretations of royalty distribution agreements.

4. Government Efforts and Policy Reforms

The Indonesian government has made efforts to strengthen copyright enforcement by:

• Digitalizing Royalty Collection: Implementing an integrated royalty payment system to ensure transparency.
• Stricter Enforcement Against Infringers: Increasing monitoring of public spaces, online platforms, and broadcasters.
• Harmonizing CMO Regulations: Requiring CMOs to register and report their activities to the government.

The implementation of copyright law in resolving music royalty disputes in Indonesia remains a complex issue due to the evolving nature of the music industry and digital platforms. While the legal framework provides clear guidelines, effective enforcement and cooperation between artists, CMOs, businesses, and government authorities are essential. Strengthening regulatory mechanisms, promoting alternative dispute resolution, and improving transparency in royalty collection will be key to ensuring fair compensation for music creators in Indonesia. [RH & PARTNERS]

  By: Khurnia Hudewi

With the growing use of Artificial Intelligence (AI) in creative processes — from generating text and images to composing music — many businesses and creators are asking: Who owns the rights to AI-generated content? Under Indonesian law, the answer remains rooted in traditional copyright principles that emphasize human authorship.

1.Copyright Protects Human Creativity

Indonesian Copyright Law (Law No. 28 of 2014) protects original works of authorship in the fields of science, art, and literature. However, the law only recognizes humans as authors. This means that works created entirely by AI, without human input, are currently not protected under Indonesian copyright law.

2.AI as a Tool, Not a Creator

When AI is used as a tool — for example, to assist with writing, design, or music composition — and there is significant human input in shaping the output, the human creator can be recognized as the copyright holder. The threshold of originality and creativity remains key to securing protection.

3.Ownership and Liability

In cases where AI-assisted works are created in an employment or commissioned setting, copyright ownership may vest in the employer or commissioning party, subject to agreements and applicable provisions (see Articles 8 and 9 of the Copyright Law).

Liability issues also arise when AI systems generate infringing content. While the law is silent on this, responsibility may fall on the user, developer, or platform, depending on their level of control and knowledge.

4.Legal Reform on the Horizon?

As AI becomes increasingly central to content creation, many jurisdictions are exploring new frameworks to address AI-generated works. Indonesian law may soon need to adapt to provide legal certainty on authorship, ownership, and infringement in the context of AI.

Clients leveraging AI for content creation should:

• Ensure clear documentation of human input in creative processes;

• Use contracts that address authorship and IP ownership when AI tools are involved;

• Monitor developments in IP law and technology to stay compliant and protected.

Should you require assistance in reviewing contracts, protecting your works, or navigating copyright concerns related to AI, please contact RH & Partners at: rhp@rhp.co.id or Khudewi@rho.co.id 

By: Khurnia Hudewi

As part of our ongoing commitment to keeping clients informed about crucial legal developments, we present this bulletin summarizing the latest updates and trends in Indonesian copyright law as of mid-2025.

Major Developments in 2025

• Ongoing Revision of Copyright Law:

The Indonesian government is actively revising Law No. 28 of 2014 on Copyright to address challenges arising from rapid digitalization, the proliferation of AI-generated works, and the increasing complexity of online content distribution. The revision aims to clarify issues such as attribution in AI-generated content, collaborative digital works, and the mechanisms for reporting and removing infringing content online.

• Focus on Digital Copyright Protection:

The rise of digital platforms and technologies like AI and blockchain has prompted regulators to strengthen copyright protection, especially for works distributed or created online. The government is working to ensure that regulations and technology go hand-in-hand, empowering creators to better protect their rights in the digital era.

• 2025: Thematic Year for Copyright and Industrial Design:

The Directorate General of Intellectual Property (DJKI) has designated 2025 as the “Year of Copyright and Industrial Design,” launching nationwide campaigns to increase public awareness, streamline copyright registration, and provide widespread education for creators across all sectors.

Key Legal Issues and Trends

1. Revisions to Address Digital and AI Challenges

• The revised law will address attribution and ownership in AI-generated works, clarify the rights of creators in collaborative digital environments, and refine the mechanisms for online content take-downs and reporting.
• The government is also reviewing the concept of “fair use” to ensure it is not misapplied in the digital context, providing stronger legal certainty for creators whose works are widely shared on platforms like YouTube, TikTok, and Spotify.

2. Fair Use and Exceptions

• Indonesian copyright law (Articles 43-51 of Law No. 28/2014) outlines specific circumstances where use of copyrighted material without authorization is allowed, such as for education, research, criticism, and news reporting, provided the use does not harm the creator’s interests and proper attribution is given.
• Courts assess fair use based on four main factors: purpose and character of use, nature of the work, amount and substantiality used, and effect on the market for the original work.

3. Royalty and Licensing Disputes

• Recent high-profile cases and a judicial review petition (33/PUU/PAN.MK/AP3/03/2025) have highlighted ongoing disputes over royalty payments and licensing, especially between songwriters and performers. Petitioners are seeking clearer rules so performers are not criminally liable for late payments and proposing that event organizers, rather than performers, be responsible for royalty payments.
• There is a push to clarify that payment of royalties, rather than direct authorization from songwriters, should suffice for legal use of works in performances.

4. Strengthened Enforcement and Online Infringement

• The Ministry of Law and Human Rights (MOLHR) and the Ministry of Communication and Informatics (MOCI) are empowered to coordinate in blocking or taking down infringing online content. Rights holders or the public can report infringements, triggering official verification and potential removal of content.
• Landlords of commercial venues are now liable for allowing the sale or reproduction of pirated goods on their premises, facing significant fines for non-compliance.

5. Streamlined Registration and Public Education

• The DJKI has improved the copyright registration process, offering faster and more accessible online services. This is part of a broader effort to encourage creators to formally register their works and benefit from legal protection.

Practical Guidance

• Stay Informed: Monitor the ongoing legislative process, especially if your business relies on digital content, AI, or collaborative creative works.
• Register Your Works: Take advantage of streamlined online registration to secure formal copyright protection.
• Review Licensing Practices: Ensure that royalty payments and licensing agreements are clear, especially for public performances and digital use.
• Leverage Fair Use Responsibly: Understand the boundaries of fair use to avoid unintentional infringement.
• Act Quickly on Infringements: Utilize the government’s reporting and take-down mechanisms for online copyright violations.

2025 marks a pivotal year for copyright protection in Indonesia, with significant regulatory updates, a focus on digital and AI-related issues, and enhanced enforcement mechanisms. We recommend all clients review their copyright strategies and consult with our team for tailored advice on compliance and risk management under the evolving legal landscape. [RH & Partners/Khudewi]

For further guidance or case-specific queries, please contact RH & Partners Intellectual Property team at rhp@rhp.co.id or write directly to our Partner Ms. Khurnia Hudewi at khudewi@rho.co.id.

This bulletin is provided as a general update and does not constitute legal advice. Please consult with our firm for advice tailored to your specific circumstances.

By: Khurnia Hudewi

Indonesia continues to strengthen its copyright enforcement with the launch of a new copyright monitoring initiative under the Ministry of Law and Human Rights (Kemenkumham), signaling a significant step against online piracy and stronger protection for creators.

Key Highlights

1. New Digital Copyright Surveillance Platform (Launched July 2025):

Kemenkumham, in collaboration with Kominfo, has launched an AI-driven platform to detect and remove infringing content on major social and streaming platforms, including YouTube, TikTok, and Instagram.

Legal Basis: Measures are anchored in Indonesia’s Copyright Law (Law No.28/2014) and supporting regulations, specifically focusing on online enforcement and administrative takedown powers.

2. Priority on Music, Film, and Literary Works:

Enforcement efforts initially target music, film, and literary works, the most commonly infringed categories. Rightsholders are strongly encouraged to register works via the DGIP for optimal monitoring and enforcement.

3. Streamlined Takedown Procedure:

Rights holders can now submit takedown requests through an updated online form on the DGIP portal. The government promises removal of infringing content within 7 working days, a significant improvement from prior timelines.

Access: Currently, the online reporting/takedown system is available to registered rights holders and their authorized representatives. The digital monitoring platform itself is operated by enforcement authorities, general public monitoring access is not provided at this stage.

4. Public Education Drive:

The “Karya Berhak Cipta, Jangan Asal Ambil!” campaign is launched to promote copyright awareness for creators, students, and businesses.

Why This Matters

• The new digital tools and procedures reinforce legal certainty for content creators and companies, offering faster recourse to address piracy.

• Registration, documentation, and clear licensing are now more essential than ever.

Practical Next Steps for Clients

• How to Register Your Work:

Visit the DGIP online portal at https://dgip.go.idto submit registration forms and supporting documents.

• How to Submit a Takedown:

Use the updated online form on the DGIP website. Prepare (1) proof of ownership, (2) evidence of infringement (screenshots/links), and (3) your contact details.

Challenges to Watch

While these enhancements are positive, rights holders should note challenges in enforcing rights against content on foreign-hosted or anonymous sites, and the persistent volume of infringing material online. Proactive, strategic IP management remains key.

“This move signals Indonesia’s intention to balance open digital content creation with respect for copyright holders. We advise our clients to register their copyright-protected works and to review their digital IP strategies in line with these changes.” — Khurnia Hudewi, Managing Partner

Need assistance?

Contact us at rhp@rhp.co.id for copyright registration or enforcement support in Indonesia.

By: Khurnia Hudewi

Legal Basis

Teaching materials (textbooks, notes, modules, digital content) are protected under Indonesia’s Copyright Law No. 28/2014 as “works of science”. Copyright subsists automatically upon creation, registration with DGIP is optional but recommended for evidentiary strength.

Rights of Authors

– Moral rights (acknowledgment as author, integrity of work)

– Economic rights (reproduction, distribution, digital dissemination).

Infringement Examples

Unauthorized copying, sharing, or commercial exploitation of teaching materials, including digital uploads or redistributions without author’s approval, may constitute infringement.

Enforcement & Sanctions

– Civil claims for damages and injunctions are available.

– Criminal penalties for willful infringement include fines and

  potential imprisonment.

– Online infringements may trigger site takedowns via DGIP

   collaboration with the Ministry of Communications.

Enforcement Process

– Infringement is generally a complaint-based offense, requiring the

  rightsholder to file a complaint.

– Mediation is encouraged before court proceedings; restitution and

  fair compensation align with the latest restorative justice

  approaches.

Best Practices for Educators & Institutions

– Clearly indicate copyright on materials.

– Register important works with DGIP.

– Monitor digital platforms for unauthorized use.

– Obtain proper licenses for third-party resources.

For further guidance or copyright dispute support, RH & Partners stands ready to assist educators and institutions across Indonesia and ASEAN. [RH & Partners/Khudewi]

By: Khurnia Hudewi