When a creator passes away, what becomes of their creative legacy? In Indonesia, copyright law ensures that a creator’s work doesn’t simply vanish into the void but instead can continue benefiting their family or designated heirs.
This article breaks down the legal process, timelines, and implications of copyright inheritance in Indonesia.
Understanding Copyright as Inheritable Property
Copyright in Indonesia is legally recognized as a form of intellectual property that has economic value. According to Law No. 28 of 2014 on Copyright, it is a movable intangible asset and can be passed on through inheritance, just like tangible property.
Two key components define copyright:
- Economic rights: These include the right to reproduce, distribute, or license a work. They can be inherited.
- Moral rights: These protect the personal connection between the creator and the work, such as the right to be acknowledged. They cannot be inherited but can be enforced by heirs or specified parties after the creator’s death.
Also read: What Is the Difference Between a Copyright and a Patent?
Copyright Duration After Death
Indonesia protects copyrighted works for 70 years after the creator’s death, beginning on January 1st of the year following their death. Once this period ends, the work becomes part of the public domain and is available for anyone to use without restriction.
For works owned by corporations or legal entities, protection lasts 50 years from publication.
Who Inherits Copyright in Indonesia?
Copyright does not automatically lapse when a creator dies. It passes to heirs according to two main pathways:
Statutory Inheritance (Ab Intestato)
If no will exists, the Kitab Undang-Undang Hukum Perdata (KUHPerdata) determines heirs based on family proximity:
- First group: Surviving spouse and children
- Second group: Parents and siblings
- Third group: Grandparents and ascendants
- Fourth group: Extended family up to the sixth degree
Higher-priority groups exclude lower ones.
Testamentary Inheritance (Based on a Will)
If a will (Surat Wasiat) exists, it overrides the statutory order. The creator can assign their copyright to friends, institutions, or charities not included in the legal hierarchy.
Also read: Trademark vs Copyright: Understanding Key Differences
What Happens If There’s No Heir?
If no valid heirs or will exist, all assets—including copyright—may be claimed by the state, as outlined in Indonesia’s civil law system.
Legal Process to Transfer Copyright
Copyright inheritance is not automatic. Heirs must undertake an official process:
- Verify heir status through:
- Religious Court ruling (for Muslims)
- Civil Court ruling or notarized deed (for others)
- Gather required documents:
- Death certificate
- Heir certificate or inheritance deed
- Copy of copyright registration (if available)
- Letter of attorney (if using legal counsel)
- Last will (if applicable)
- Proof of payment for application
- Submit application to DJKI (Directorate General of Intellectual Property)
- Receive official certificate of rights transfer
Also read: What Happens If You Break Intellectual Property in Indonesia?
Rights and Duties of Heirs
Heirs of a copyrighted work inherit economic benefits, such as:
- Royalty income
- License negotiations
- Monetization opportunities
They must also uphold the integrity of the work and ensure the creator’s name is properly credited.
Heirs cannot alter the work in ways that conflict with the creator’s original intent.
Copyright inheritance in Indonesia is a structured process rooted in intellectual property law and civil inheritance law. Whether a creator leaves behind a will or not, their heirs can enjoy the economic value of the work—provided they navigate the legal steps correctly. Knowing these rights and procedures ensures that creative legacies are not just remembered but respected and preserved.
To provide legal certainty, don’t forget to officially register your copyright. For a simpler process, you can rely on InvestinAsia’s services for IP, Copyright, Patent, and Trademark registration in Indonesia. Our team of experts will ensure that the application is hassle-free for you.
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Frequently Asked Questions (FAQ)
Q1: Is it necessary to register a copyright in order to transfer it to someone else?
Copyright in Indonesia is automatic upon creation, but registration provides legal certainty in inheritance cases.
Q2: Can a copyright be partially inherited?
Yes. Multiple heirs can share economic rights if specified in a will or based on inheritance law.
Q3: Are copyrights taxed in Indonesia after inheritance?
Yes. They are subject to inheritance tax under applicable Indonesian tax laws.
Q4: What if there are disputes among heirs?
Disputes can be resolved through civil litigation or mediation, especially if there’s no clear will or deed.
Q5: Can I license a deceased creator’s work as an heir?
Yes, as an heir, you can license the work, provided the transfer of copyright has been officially recorded with DJKI.
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