Copyright Law, reproduction right and research exception
Law No. 28 of 2014, Articles 9 and 44, Copyright Law
In force since .
A copyright and text and data mining (TDM) rule binding public and private bodies.
- Audit expectation
- none
What it requires
- Get the rights holder's permission before reproducing a copyrighted work in Indonesia, including through automated collection, unless the narrow research and criticism exception applies.
- The research and criticism exception requires citing the source in full and not harming the creator's reasonable interest; it is not a general text-and-data-mining exception and does not on its own terms cover commercial model training.
These lines are LexLint's reading of the law's text.
In the frameworks
- NIST AI RMF
- MAP 4.1Approaches for mapping AI technology and legal risks of its components – including the use of third-party data or software – are in place, followed, and documented, as are risks of infringement of a third party’s intellectual property or other rights.
Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law
What it makes you log
Logging duty
Articles 9 and 44 give the creator the exclusive right to reproduce a work and except use for education, research and scientific writing where the source is mentioned or cited in full. The source citation is attribution rather than a record, and the cited articles impose no duty to create, keep, produce or review a log. They state no territorial clause.
- Kind
- None
- As of
What this law does
Article 9 gives a Creator or Copyright Holder the exclusive economic right to reproduce a work in any form, and paragraph (3) prohibits anyone from reproducing or commercially using a work without the Creator's or Copyright Holder's permission.
Article 44(1)(a) excepts the use, taking, reproduction, or alteration of a work, in whole or a substantial part, from infringement where the source is fully cited and the purpose is education, research, scientific writing, report preparation, or criticism or review of a matter, conditioned on not harming the Creator's or Copyright Holder's reasonable interest.
No provision of the Act creates a text-and-data-mining exception, so reproducing copyrighted text at scale to train a model rests, if at all, on Article 44(1)(a)'s narrow and interest-balancing research ground rather than on a dedicated exception, and a commercial training use sits outside that ground's plain terms.
When LexLint raises it
When your app profile says your app crawls the web or trains models.
Back to the example · Lint your app
Page updated .