Copyright infringement and remedies

Infringing acts

What constitutes copyright infringement?

A copyright infringement means:

  • any party that violates the moral right of the creator;
  • any party that exercises the economic right of the copyright holders or neighbouring rights holder without obtaining prior authorisation or permission from such holder or without paying any royalty to the collective management institution; or
  • any party that uses, duplicates, performs, distributes, or communicates photos or portraits of any persons for a commercial purpose without obtaining any authorisation from the relevant persons.
Vicarious and contributory liability

Does secondary liability exist for indirect copyright infringement? What actions incur such liability?

There is no provision in the Copyright Law that specifically stipulates secondary liability. However, there is a provision stipulating that the operator of a commercial establishment is not permitted to sale or duplicate any goods resulting from the infringement of copyright or neighbouring rights in the place of establishment.

Furthermore, the Indonesian Criminal Code also stipulates that a party may be liable if he or she knowingly or intentionally provides an opportunity, assistance or effort, or information to commit a crime (such as a copyright infringement).

Available remedies

What remedies are available against a copyright infringer?

A party may seek legal remedy over a copyright infringement by filing a police report and seeking settlement through an alternative dispute resolution, arbitration or commercial court. Apart from an infringement of copyright or neighbouring rights in the form of piracy, as long as the domicile of the disputing parties are known or if they are located within the territory of the Republic of Indonesia, then they must enter into a mediation to achieve settlement before filing a criminal claim to the court.

The legal remedies that are available against a copyright infringer are as follows:

  • filing a claim for compensation against the infringer if the creator, copyright holder, or neighbouring rights holder suffers any loss or damages;
  • filing a claim for injunction to the commercial court to:
    • request for the confiscation of any work that was announced or duplicated, or confiscation of the duplication instrument used to produce works resulting from infringement of copyright; or
    • cease the announcement, distribution, communication, or duplication of works resulting from infringement of copyright;

The commercial court may also issue an injunction to:

  • prevent the entry of any goods suspected to be the result of an infringement of copyright or neighbouring rights into the commercial trade routes;
  • withdraw from distribution and confiscate, as well as keep as evidence, goods that are suspected to be the result of an infringement of copyright or neighbouring rights;
  • secure as evidence and prevent the disappearance of evidence by the infringer; and
  • cease the infringement to stop further loss and damage.

The commercial court issues decisions on copyright infringement claims within 90 working days of a claim’s filing date.

Limitation period

Is there a time limit for seeking remedies?

No.

Monetary damages

Are monetary damages available for copyright infringement?

Yes, the Copyright Law provides that a creator, copyright holder, or neighbouring rights holder, or their rightful heir, who suffers damages is entitled to receive compensation. The compensation shall be given based on a final and binding decision of a civil or criminal court.

Attorneys’ fees and costs

Can attorneys’ fees and costs be claimed in an action for copyright infringement?

No, based on the Indonesian Civil Procedural Law, attorneys’ fees and costs will be imposed on the party that receives the legal service from the relevant attorney.

Criminal enforcement

Are there criminal copyright provisions? What are they?

Yes. The table below provides a summary of the criminal copyright provisions stipulated in the Copyright Law.

Online infringement

Are there any specific liabilities, remedies or defences for online copyright infringement?

The only specific remedy or defence for an online infringement is to make a report of such infringement to the DGIP. In this regard, the DGIP will then examine the report to verify its validity. If there is sufficient evidence based on the verification, then the DGIP, upon the request of the applicant, will make a recommendation to the Ministry of Technology and Information to block the content or access to the perpetrator’s website.

Prevention measures

How may copyright infringement be prevented?

Although it is difficult to prevent copyright infringement in its entirety, there are steps that can be taken to minimise it, such as to conduct socialisation and provide education to the public regarding copyright. Hopefully the public’s understanding and awareness on copyright will increase through socialisation and education, which in turn, will make them appreciate other people’s intellectual property.

Another action is to increase the level of enforcement under the Copyright Law, specifically the provisions on copyright infringement to cause a deterrent effect in society. Strict enforcement will encourage the public against committing copyright infringement in the future.

Summary of the criminal copyright provisions stipulated in the Copyright Law

No.

Criminal action

Punishment

1

Removing, altering or damaging any copyright management information and copyright electronic information for commercial purposes without authorisation.

Maximum imprisonment of two years or maximum fine of 300 million rupiah, or both.

2

Violating the economic right of a creator or copyright holder by leasing a copyrighted work for commercial purposes without authorisation.

Maximum imprisonment of one year or maximum fine of 100 million rupiah, or both.

3

Violating the economic right of a creator or copyright holder by translating, adapting, arranging, transforming, showing or exhibiting, or communicating a copyrighted work for commercial purposes without authorisation.

Maximum imprisonment of three years or maximum fine of 500 million rupiah, or both.

4

Violating the economic right of a creator or copyright holder by publishing, duplicating, distributing or announcing a copyrighted work for commercial purposes without authorisation.

Maximum imprisonment of four years or maximum fine of 1 billion rupiah, or both.

5

Fulfilling elements of criminal actions as stated in point 4 in the form of piracy.

Maximum imprisonment of 10 years or maximum fine of 4 billion rupiah, or both.

6

Operating a commercial place, in any form, while intentionally and knowingly letting the sale or duplication of products derived from copyright infringement action.

Maximum fine of 100 million rupiah.

7

Commercially using, duplicating, publishing, distributing, or communicating a photo or portrait of a person for advertisement purposes without authorisation of the related person or his or her rightful heir, whether via electronic or non-electronic media.

Maximum fine of 500 million rupiah.

8

Violating the economic right of a performer by leasing his or her fixated show or its copy for commercial purposes without authorisation.

Maximum imprisonment of one year or maximum fine of 100 million rupiah, or both.

9

Violating the economic right of a performer by broadcasting and communicating his or her show, fixating his or her show that has not been fixated, or providing his or her fixated show for commercial purposes without authorisation.

Maximum imprisonment of three years or maximum fine of 500 million rupiah, or both.

10

Violating the economic right of a performer by duplicating his or her fixated show, or distributing his or her fixated show or its copy for commercial purposes without authorisation.

Maximum imprisonment of four years or maximum fine of 1 billion rupiah, or both.

11

Fulfilling elements of criminal actions as stated in point 10 above in the form of piracy.

Maximum imprisonment of 10 years or maximum fine of 4 billion rupiah, or both.

12

Violating the economic right of a phonogram producer by leasing a copy of the copyrighted phonogram to the public for commercial purposes without authorisation.

Maximum imprisonment of one year or maximum fine of 100 million rupiah, or both.

13

Violating the economic right of a phonogram producer by duplicating a phonogram by any means, distributing an original phonogram or its copy or making a phonogram to be accessible by the public, with or without cable, for commercial purposes without authorisation.

Maximum imprisonment of four years or maximum fine of 1 billion rupiah, or both.

14

Fulfilling elements of criminal actions as stated in point 13 above in the form of piracy.

Maximum imprisonment of 10 years or maximum fine of 4 billion rupiah, or both.

15

Violating the economic right of a broadcasting institution by rebroadcasting, communicating, fixating, duplicating a broadcast for commercial purposes without authorisation.

Maximum imprisonment of four years or maximum fine of 1 billion rupiah, or both.

16

Fulfilling elements of criminal actions as stated in point 15 in the form of piracy.

Maximum imprisonment of 10 years or maximum fine of 4 billion rupiah, or both.

17

Collective Management Institution that collects royalties but does not hold a business licence from the DGIP.

Maximum imprisonment of four years or maximum fine of 1 billion rupiah, or both.