IndonesiaCopyright Law, database protection
Law No. 28 of 2014, Articles 40 and 46, Copyright Law
In force since .
A database right rule binding public and private bodies.
- Audit expectation
- none
What it requires
- A database or compilation reproduced from an Indonesian source is protected as its own copyrighted work; reproducing the whole or a substantial part of a digital database is not covered by the personal-use copying exception that applies to other published works.
These lines are LexLint's reading of the law's text.
What it makes you log
Logging duty
Articles 40 and 46 protect databases and compilations of works or data as copyright works and exclude copying a substantial part of a digital database from the personal-use exception. They impose no duty to create, keep, produce or review a log or record. The Act's register of licence agreements (art. 83) is another article, not cited by this row, and the cited articles state no territorial clause.
- Kind
- None
- As of
What this law does
Article 40(1) lists a database (basis data) among protected works at letter (n), alongside a compilation of works or data in machine-readable or other format at letter (p), and paragraph (2) protects such a work as an original work in its own right without prejudice to the copyright in the underlying material it compiles.
Article 46(2)(c) then carves a database out of the personal-use copying exception that otherwise lets anyone make a single copy of a published work without permission, expressly excluding the whole or a substantial part of a digital database from that exception.
Protection therefore runs through ordinary copyright in a database's compilation or arrangement rather than through a sui generis right in the underlying data itself; the Act creates no database right independent of that compilation-copyright theory.
When LexLint raises it
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