COPYRIGHT PROTECTION ON COMPUTER PROGRAM/SOFTWARE

Pursuant to Law No.28/2014 on Copyright (“CR Law”) among other:

- Computer Program (“CP”) which is defined as a set of instructions expressed in language, code, scheme or any other forms, intended for a computer to perform a certain function or to produce certain result, is a creation that is eligible for copyright protection and exclusive rights which includes economic/commercialization rights and moral rights. 

GR 71/2019 on  Operation of  Electronic Transactions and Systems (“GR 71/2019”) defines “Software as one or set of computer programs,  operating procedures and/or documentations which are related  with the operation of electronic system; thus, being computer program Software is also subject to copyright protection under CR Law as described above.

- Copyright is granted to a person who creates/develops the creation or work and that is the Creator/ Developer of CP.

Article 34 and 35 stipulate that if the CP is created by employee, such employee is regarded as the creator/developer who is entitled to copyright, unless there is an agreement stipulated otherwise with the employer. The same also applicable that if the CP is made based on order/commission with certain specifications and technical requirements, the creator/developer will be entitled to copyright, unless stipulated otherwise with the project owner.

Copyright entitlement is granted for 50 years as of publication (pengunguman). Publication is defined as  any reading, broadcasting, exhibition of works using any means, either electronically or non-electronically, or performing in whatever way so that works can be read, heard, or visible seen by others.

- Article 4 (d) of Patent Law No.13/2016 stipulates that a computer program can be regarded as invention and eligible for a patent protection if it contains characteristics (instructions), technical effects and functions to solve tangible or non-tangible problem.

 

THE OPERATOR OF ELECTRONIC SYSTEM IS SUBJECT TO REGISTRATION OBLIGATION AT MOCI

Law No. 11 Year 2008 on Electronic Information and Electronic Transactions as amended by Law No.19/2016 dated 25 November 2016 (the “IT Law”) stipulates among other that:

- Electronic System is the arrangement of electronic tools/devices and electronic procedures which have functions to prepare/generate, pool, process, analysis, store, display/present, publicize, send, and/or distribute/transmit Electronic Information; Electronic System is a computer system in a broad sense which encompass not only the hardware and software of a computer but also telecommunication networks and/or electronic communication systems.

- The operator of the Electronic System is obliged to register itself to the Ministry of Communication and Information (“MOCI”) as required under GR 71/2019. Software developer, is not subject to the obligation to register itself to MOCI but, if it develops software for Electronic System Operator for public service (“Public ESO” operator of electronic system carried out by the State Agency  or institutions appointed by State Agency) it is required to deliver source code and any documentation of its software to the relevant State’s Agency (legislative, executive and judicative institutions at national and regional levels and other institutions/agencies established by laws and regulations).  

 

COMMERCIALIZATION OF CP/SOFTWARE

Developer of CP is entitled to retain ownership/copyright protection and to commercialize such of its copyrights by way among other to require license fees for end user to use, install, download, or copy CP/software or from distributor if the CP or software is delivered through distributor or to require subscription fees if the CP or software is delivered through internet, such as through cloud computing service agreement (Software as Service /SaaS model).

 

Disclaimer: This article is intended as general information only and it does not constitute a legal advice. We accept no responsibility for any loss that may arise from reliance on this information. Please contact us if you need full legal advice.