Commons:Copyright rules by territory/Indonesia/es

This page provides an overview of copyright rules of Indonesia relevant to uploading works into Wikimedia Commons. Note that any work originating in Indonesia must be in the public domain, or available under a free license, in both Indonesia and the United States before it can be uploaded to Wikimedia Commons. If there is any doubt about the copyright status of a work from Indonesia, refer to the relevant laws for clarification.

The Dutch East Indies was a colony of the Netherlands until 1949, when it gained independence as Indonesia. From 1912 to 1982, copyright is governed by Auteurswet 1912 (Stbld No. 600/1912). The first Indonesian copyright legislation was passed as the 1982 Copyright Law (Undang-Undang Nomor 6 Tahun 1982 tentang Hak Cipta). It was amended twice in 1987 (Undang-undang Nomor 7 Tahun 1987) and 1997 (Undang-Undang Nomor 12 Tahun 1997).

The principal copyright legislation of Indonesia is the 2014 Copyright Law (Undang-Undang Nomor 28 Tahun 2014 tentang Hak Cipta), which was in force since 16 September 2014. The law's text is available in WIPO Lex database. In addition, certain government works also falls under the provisions of:

• 2008 Access to Public Information Law (Undang-Undang Nomor 14 Tahun 2008 tentang Keterbukaan Informasi Publik);
• 2011 Geospatial Information Law (Undang-Undang Nomor 42 Tahun 2011 tentang Informasi Geospasial);
• 2019 Law on the National Science and Technology System (Undang-Undang Nomor 11 Tahun 2019 tentang Sistem Nasional Ilmu Pengetahuan dan Teknologi).

Indonesia is a High Contracting Party to:

• World Trade Organization, since January 1995;
• Berne Convention, since 5 September 1997;
• WIPO Copyrights Treaty, since 6 March 2002;
• WIPO Performances and Phonograms Treaty, since 2004.

Indonesia enjoys a special copyrights protection treaty relationship with the United States under provisions of the 1989 American-Indonesian Copyrights Protection Agreement. Under the international law principle of lex specialis, copyright disputes involving American and Indonesian parties and/or works must abide by the treaty first, as it is in the level of a public law (Undang-Undang).

Relevant secondary statutes which enforces the provisions of laws mentioned above includes:

• Government Regulation No. 1/1989 on Translation and/or Reproduction of Works for Educational, Scientific, Research, and Development Purposes;
• Government Regulation No. 20/2005 on Transfer of Intellectual Property Rights of Technology Developed from Research and Development Conducted by Universities and Research Institutions;
• Government Regulation No. 61/2010 on Access to Public Information;
• Government Regulation No. 16/2020 on Works Registration and Relevant Products with Rights;
• Joint Decree of the Minister of Law and Human Rights and Minister of Information and Communications No. 26/2015 on Enforcement of Limitations on Contents and/or Access to Copyright Violators and/or Relevant Rights within Electronic System.

Under the 2014 Copyright Law:

• The standard copyright term for literary, musical, fine art and architectural works is the author's life + 70 years.^{[28/2014 Article 58(1)]}
• For works of joint authorship, protection lasts for the life of the last surviving author + 70 years.^{[28/2014 Article 58(2)]}
• For works authored by legal entities, protection lasts for 50 years from publication.^{[28/2014 Article 58(3)]}

• A term of 50 years from publication applies to anonymous or pseudonymous work.^{[28/2014 Article 60(2)]}
• For photographs, portraits, cinematographic works, derived works and collected works, copyright lasts for 50 years from publication.^{[28/2014 Article 59(1)]}
• For works of applied art protection lasts for 25 years since the first publication.^{[28/2014 Article 59(2)]}

Photographic works from Indonesia published before 1971 may be in the public domain in the United States if they were published without a copyright notice and not published in the US within 30 days after their Indonesian publication. Under the 1982 Copyright Law, as amended in 1987, the copyright law in effect at the time of the URAA, prescribed a 25-year post-publication copyright for photographic works, so works published before 1971 would have been public domain at the time of the URAA.

The previous law on copyright, 2002 Copyright Law, was repealed and replaced by the 2014 Copyright Law. See "Category:PD Indonesia license tags" to check deprecated PD Indonesia copyright tags.

2014 Copyright Law is based on Dutch law and retains the same distinction between works with "no copyright" and works that may be used "without infringement of Copyright".

According to Article 42, the following works have no copyright: result of open meetings of State institutions; laws and regulations; State speeches or speeches of government officials; court decisions or judge provisions; scriptures or religious symbols. These works are in the public domain and should be tagged with {{PD-IDNoCopyright}}.

According to Article 43, Acts that are not considered as Copyright infringements include:

• Publication, Distribution, Communication, and/or Reproduction of State emblems and national anthem in accordance with their original nature; ^{[28/2014 Article 43(a)]}
• Any Publication, Distribution, Communication, and/or Reproduction executed by or on behalf of the government, unless stated to be protected by laws and regulations, a statement to such Works, or when Publication, Distribution, Communication, and/or Reproduction to such Works are made. ^{[28/2014 Article 43(b)]}

• Taking of actual news, either in whole or in part from a news agency, Broadcasting Organization, and newspaper or other similar sources provided that the source is fully cited; ^{[28/2014 Article 43(c)]}
• Production and distribution of the Copyrighted content through information technology and communication media that are not commercial and/or lucrative for the Author or related parties, or the Author expresses no objection to the manufacture and dissemination in question. ^{[28/2014 Article 43(d)]}

• Reproduction, Publication, and/or Distribution of Portraits of the President, Vice President, former Presidents, former Vice Presidents, National Heroes, heads of State institutions, heads of ministries/non-ministerial government agencies, and/or the heads of regions by taking into account the dignity and appropriateness in accordance with the provisions of laws and regulations. ^{[28/2014 Article 43(e)]}

These works may be uploaded to Commons and tagged with {{PD-IDGov}}. However, please note that it has not been determined if modifications or derivatives can be made to works enumerated in Article 43 (Please read the Commons discussion on the issue here).