Copyright Fines Can Be Costly! Here’s How to Protect Your Work Properly

If you run a creative business, whether it involves design, music, content, or applications, copyright is not merely a legal matter but also an important strategy for protecting your assets. Many people are still unaware that using someone else’s work without permission can result in copyright fines, which can amount to significant sums of money.

The problem is that copyright infringement often occurs not because of malicious intent, but simply because of a lack of awareness. Some people assume that anything found on the internet is free to use. In reality, every creative work has an owner and is protected under applicable laws.

That is why it is important to understand the list of works protected under Indonesia’s Copyright Law, so you know the boundaries for using creative works safely.

Why Do Copyright Fines Occur?

Copyright fines may arise when an individual or business uses, reproduces, or distributes a creative work without obtaining permission from the original copyright owner. Law No. 28 of 2014 concerning Copyright stipulates that certain forms of copyright infringement may result in criminal penalties and fines of billions of rupiah.

The purpose of copyright fines is not merely to punish offenders, but also to create a deterrent effect and encourage people to respect other people’s creative works. These regulations also encourage businesses to act more responsibly when using digital materials.

Imagine you own a clothing business and take a photo from Google to use in your product catalog. It may seem harmless, but if the photo belongs to a professional photographer, you could face a legal claim and potentially be required to pay damages or other penalties. Cases like this can occur even among small businesses simply because they are not careful when using online content.

List of Works Protected Under Copyright Law

In reality, not every creation receives copyright protection. Works expressed in a tangible or identifiable form are generally eligible for legal protection. Therefore, every creator should understand the types of works protected under Copyright Law, including:

1. Literature and Written Works

This includes books, articles, drama scripts, poems, scientific reports, and blog content. Original written works that do not copy another party’s work are generally protected by copyright once they are created and expressed in a tangible form.

2. Songs and Music

This includes lyrics, melodies, and arrangements. Using a song without permission, especially for commercial purposes such as advertising or promotional activities, may constitute copyright infringement.

3. Designs and Visual Works

This category includes paintings, illustrations, photography, logos, posters, and product packaging. In a business context, logos and designs are important brand identity assets, so they should be protected against unauthorized copying or imitation.

4. Audiovisual Works and Films

Videos, films, and animations that contain artistic and creative elements may receive copyright protection. Re-uploading someone else’s film or advertisement without permission may constitute copyright infringement.

5. Digital Applications and Computer Programs

Software, games, operating systems, and mobile applications are also among the works protected under copyright law. Using pirated software may lead to legal action and potentially significant copyright-related penalties.

6. Interior and Architectural Designs

Original building designs, spatial layouts, and decorative designs may also qualify as protected creative works.

How to Protect Your Work from Copyright Fine Risks

Now that you know what types of works may receive legal protection, it is time to make sure your creative works are properly protected. Here are some practical steps you can follow:

• Register your work with DJKI. Register online through the official DJKI website. The process is relatively straightforward: upload your creative work, provide the required personal information, and pay the applicable administrative fee. Once the verification process is complete, you will receive an official certificate as supporting evidence of your copyright registration.
• Keep records of your creative process. Document and preserve every stage of the creation process, from the initial concept and drafts to the final version. These records can serve as valuable evidence if someone later attempts to claim ownership of your work.
• Use legally sourced materials. Make sure all photos, music, and design elements you use come from licensed sources, such as Shutterstock, Envato, or royalty-free platforms. Avoid taking materials from the internet without permission.
• Create a usage agreement. If you want to allow another party to use your work, create a clear usage agreement. Specify the duration of use, fees, and the rights granted to the user, so both parties have clear legal protection.

Risks of Ignoring Copyright

Ignoring copyright can result in significant losses, affecting not only finances but also your business reputation.

Fines and Criminal Penalties

Under applicable copyright regulations, certain forms of copyright infringement may result in fines ranging from Rp1 billion to Rp4 billion, along with a potential maximum prison sentence of 10 years. These penalties can be substantial, especially for small and medium-sized businesses.

Impact on Reputation

Once a brand becomes associated with copyright infringement, its professional image can suffer. Customers and business partners may become hesitant to work with a company that does not respect other people’s creative works.

FAQ

1. What types of works are protected under Copyright Law?

Written works, songs, graphic designs, films, audio works, software, photographs, interior designs, and architectural works are among the types of creative works that may receive copyright protection.

2. How do I register copyright?

You can register copyright online through the official DJKI website or through a trusted professional service provider, such as Jasamerek.com.

3. Are small businesses required to register their copyright?

Copyright registration is generally not mandatory, but it is highly recommended. Registration can provide supporting legal evidence and increase public confidence in your brand.

4. How long does copyright protection last?

For many works, copyright protection generally lasts for the lifetime of the creator plus 70 years after the creator’s death. Once the applicable protection period expires, the work may enter the public domain.

5. How much is the copyright fine?

Depending on the type of infringement and the applicable legal provision, fines may range from Rp1 billion to Rp4 billion, in addition to the possibility of imprisonment of up to 10 years.

Avoid Copyright Fines and Protect Your Work!

Copyright infringement can result in financial penalties and may also damage a business’s reputation. Therefore, understanding and protecting your creative works is an important step for businesses and professionals in the creative industry.

Make sure you understand which types of works are protected under Copyright Law. If your work falls into one of these categories, consider Registering Your Copyright as soon as possible. To make the process easier, consider seeking professional assistance, because copyright protection is not only about legal compliance but also about respecting the value of your work as its creator.

Darga Ananthara

Legal Intellectual Property Expert M.H

Legal and Intellectual Property Expert with over 10 years of experience. Experienced in developing educational content and legal analyses related to the protection, management, and utilization of intellectual property rights for businesses and the public.

Areas of Expertise: Intellectual Property Rights

Authors (2)

Darga Ananthara

Primary Author

Legal Intellectual Property Expert M.H

Legal and Intellectual Property Expert with over 10 years of experience. Experienced in developing educational content and legal analyses related…

Tim Editorial Jasa Merek

Reviewer