INDONESIA Law and Practice Contributed by: Agus Ahadi Deradjat (Agung), Mahiswara Timur, Nina Cornelia Santoso and Natasya Nurul Amalia, ABNR Counsellors at Law
IP Rights for User-Generated Content The applicability of IP rights to user-generated content (UGC) may depend on the particular scenario. UGC refers to content created by indi - viduals or consumers, including images, videos, audio and/or text, which is generally created and shared by users instead of a platform operator. Pursuant to copyright law, the copyright of a cre - ation is retained by the creator unless otherwise specified in the applicable terms or contract. IP rights to UGC generally remain with the creator, although the creator may grant certain licensing rights to third parties for the utilisation of such content. Another scenario is where a creator is specifically instructed by a platform operator to create content, which the parties may deter - mine is “made to order”; thus, the IP rights are retained by the platform operator. The extent to which platform operators can use UGC depends on the terms and conditions agreed upon by the platform and the creator. Thus, it is important for the platform to clear - ly specify and establish the scope of IP rights licensing related to UGC in their terms of service. 10. Social Media 10.1 Laws and Regulations for Social Media The regulation of social media in Indonesia is governed by several legal frameworks that set out the basis for usage, responsibilities and con - tent moderation in social media. Key laws such as the EIT Law, PDP Law and related govern - ment regulations reflect the country’s commit - ment to fostering a secure and ethical digital environment. The principal regulations relevant to social media in Indonesia are as follows:
taining to an IP to the Directorate General of Intellectual Property (DGIP). • Criminal measures: Article 120 of the Copy - right Law establishes that copyright infringe - ments are complaint offences, meaning that criminal proceedings can only be initiated after a formal complaint requesting prosecu - tion of a specific individual or party is filed. Legal actions for copyright violations may be brought before the chairperson of the Com - mercial Court. Key Copyright and Trade Mark Considerations in Relation to Digital and Virtual Assets Video games constitute creations that may be protected under copyright law. Therefore, crea - tions in the form of digital and virtual assets are also covered. Although it must be understood that the registration of an IP and/or any form of digital or virtual asset is not mandatory, such asset or IP may only be protected under copy - right law. Key considerations in the definition of ownership in collaborative projects, and in the marketing or distribution process, include ensuring the crea - tion’s originality to guarantee the legal standing of both the moral and economic rights granted by copyright law. In consideration of the foregoing, while register - ing an IP with the DGIP is not mandatory, it is strongly recommended that video game content creators register their IP to obtain certain legal protections under Indonesian law. Trade mark law also provides protection for trade marks created by video game developers, including logos, brands and other identifiers associated with video games produced to aid the trade of goods and/or services.
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