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THEORY & LAW

Releasing Songs from Public Domain Works - Rules to Follow!

01.01.1970
Wahyu Nugroho

Public domain refers to works that are no longer protected by exclusive copyright, meaning they can be used without seeking permission from anyone.

 

In Indonesia, based on Article 58, paragraphs 1 and 2 of the Copyright Act, a work enters the public domain when copyright protection for songs or music with or without lyrics lasts throughout the creator's lifetime and continues for 70 years after their death.

 

Anyone can use public domain works, including deriving economic benefits as mentioned in Article 9 of the Copyright Act. This includes publishing, reproducing, translating, adapting, arranging or transforming, distributing copies, as well as performing, broadcasting, communicating, and renting the work.

 

This means you can reperform, arrange, or transform it into a new creation based on your creativity. It provides artists with the freedom to explore and innovate with existing material.

 

But there are rules to follow!

 

Even though you can record songs from public domain works without permission, you must still respect the moral rights of the songwriter.

 

Article 5 of the Copyright Act states that moral rights are permanently attached to the creator. This means you are legally obligated to credit the songwriter’s name and must not arbitrarily change the title of the song.

 


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