Legal Literacy - Understand Economic Rights in Indonesian Copyright law: benefits for creators, usage restrictions, and commercial protection.
Economic Rights of Creators
In civil law terminology, copyright is a private right, a civil right. Within that civil right, there is an economically measurable value in the form of property rights. Therefore, Copyright Law No. 28 of 2014, that right is referred to as economic rights, which are distinguished from moral rights that have no economic value.
Economic rights are the exclusive rights of the Creator or Copyright Holder to obtain economic benefits from the Creation.
The Creator or Copyright Holder has the economic rights to:
- publication of the Creation;
- Reproduction of the Creation in all its forms;
- translation of the Creation;
- adaptation, arrangement, or transformation of the Creation;
- Distribution of the Creation or copies thereof;
- performance of the Creation;
- Announcement of the Creation;
- Communication of the Creation; and
- rental of the Creation.
Anyone exercising these economic rights must obtain permission from the Creator or Copyright Holder. Anyone who, without the permission of the creator or copyright holder, is prohibited from reproducing and/or commercially using the creation.
It is Prohibited to Sell Goods Resulting from Copyright Infringement
Managers of trading venues are prohibited from allowing the sale and/or reproduction of goods resulting from Copyright and/or Related Rights infringement in the trading venues they manage.
The economic right to distribute the Creation or copies thereof does not apply to Creations or copies thereof that have been sold or whose ownership has been transferred to anyone. The economic right to rent the Creation or copies thereof does not apply to Computer Programs if the Computer Program is not an essential object of the rental.
Every Person is prohibited from Commercial Use, Reproduction, Announcement, Distribution, and/or Communication of Portraits made for the purpose of commercial advertising or publicity without the written consent of the person portrayed or their heirs. Commercial Use, Reproduction, Announcement, Distribution, and/or Communication of the Portrait that contains Portraits of 2 (two) or more people, must request approval from the people in the Portrait or their heirs.
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