When discussing creative ownership and protection, understanding what is not covered under copyright is just as crucial as knowing what is. In Indonesia, copyright law has clear parameters, rooted in Law No. 28 of 2014, that define both the scope and the limits of copyright protection. For creators, businesses, educators, and legal professionals, this distinction can prevent misunderstandings and legal pitfalls.
Legal Framework: Law No. 28 of 2014 on Copyright
Indonesia’s current copyright regime is governed by Law No. 28 of 2014, which replaced the older Regulation No. 19 of 2002. This law defines a “creation” (ciptaan) as a work in the realm of science, art, or literature that is born from skill, thought, or inspiration—and crucially, expressed in a tangible form. Without this requirement, no protection is granted.
While this law extensively covers eligible works, it also explicitly outlines what falls outside its protection.
Also read; What Is the Difference Between a Copyright and a Patent?
Categories of Works Not Protected by Copyright
Ideas and Abstract Concepts
Like many international copyright systems, Indonesian law protects only the expression of ideas, not the ideas themselves. Excluded items include:
- Procedures, systems, and methods
- Concepts, principles, and discoveries
- Raw data—even when presented in creative works
This ensures a free flow of thought and knowledge, allowing others to build upon general themes without infringement.
Utilitarian and Functional Products
Objects designed purely for practical use—without artistic or literary expression—are also excluded. This category includes:
- Tools, machines, or solutions for technical problems
- Designs dictated by utility, rather than aesthetics
Such items are more appropriately protected under patents or industrial design rights, not copyright.
Public and Official Documents
To guarantee open access to vital information, the following documents are not protected under copyright:
- Government regulations, laws, and decrees
- State speeches and court rulings
- Religious scriptures and sacred texts
This aligns with public interest, ensuring that essential resources remain freely usable.
Unfixed or Non-Tangible Works
If a work has not been fixed into a physical or digital medium, it cannot be protected. Examples include:
- Spoken ideas that haven’t been written down or recorded
- Unrecorded musical performances
- Drafts or concepts not committed to a medium
Expression must be recorded or documented in some concrete form.
Also read: How to Register Copyright in Indonesia: Complete 2025 Guide
Public Domain in Indonesia: Understanding Availability
The public domain (ranah publik) encompasses works that can be used freely by anyone. A work enters the public domain when:
- The copyright term (70 years after the creator’s death) expires
- It was never eligible for protection (as in the above categories)
- The creator voluntarily waives rights
- Legal entities’ works surpass 50 years from publication
Using public domain works comes with no legal hurdles—ideal for remixing, adaptation, or educational purposes.
Also read: What Happens to Copyright After the Owner Dies in Indonesia?
Exceptions: What Usage Is Allowed Without Infringement?
According to Article 43 of the copyright law, certain uses of copyrighted material are not considered infringement, such as:
- Limited personal reproduction
- Use in classrooms or for academic research
- Coverage of current events by news outlets
- Parody and review (with fair usage principles)
These exceptions promote access and education while respecting creator rights.
Knowing which works are excluded from copyright protection in Indonesia empowers content creators, developers, educators, and businesses alike. Whether you’re using government documents, applying abstract ideas, or designing practical tools, it’s essential to know where copyright ends.
The line between protected and unprotected work isn’t just legal—it’s a cornerstone of creativity, innovation, and access in Indonesia’s evolving creative landscape.
If you want to register copyright in Indonesia, you can rely on InvestinAsia’s Indonesia IP, Copyright, Patent, and Trademark registration service for a simpler process.
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