Imagine spending months on research, sketches, and endless revisions before finally completing an innovative master plan for a public park. The design is executed, praised, and becomes a new landmark.
A year later, you visit another city and see a park whose layout, circulation pattern, and even planting composition are 90% identical to your work. Yet your name appears nowhere on it.
Frustrating? Absolutely. But the real question is: what can you actually do about this kind of copyright infringement?
For many professionals in the creative industry—including landscape architects—the concept of Intellectual Property Rights (IPR) often feels abstract, complicated, and expensive. Yet your landscape architecture work is not merely a physical space; it is a high-value intellectual asset protected by law against the risk of copyright infringement.
At Kartini Djohan Consulting, we frequently encounter three common myths that prevent architects from protecting their assets. Let’s set the record straight.
Myth 1: “Protecting Copyright Is Expensive”
Fact: The Non-Tax State Revenue (PNBP) fee for recording a work online through the DJKI portal is only IDR 200,000 per application. This is a very small investment compared to the potential losses in reputation and value that copyright infringement can cause.
Myth 2: “The Process Is Complicated and Slow”
Fact: That may have been true in the past. Today, the process is 100% online through e-hakcipta.dgip.go.id. The system is designed for an efficient workflow. As long as you have complete documentation—such as a sample of the work and a statement letter—the process can proceed smoothly.
Myth 3: “Landscape Design Isn’t Really ‘Art’ Like a Painting”
Fact: Indonesia’s Copyright Law (Law No. 28/2014) is explicit on this matter. Article 40, paragraph (1), letter h expressly protects “Architecture.” The discipline of spatial design, including landscape architecture, is recognized as a protectable work under copyright law.
“If Copyright Is Automatic, Why Bother Recording It?”
This is the most important question. Indonesian law adheres to the principle of automatic protection. This means your copyright is born automatically the moment your idea is realized—for example, in the form of a sketch or a CAD file—not when it is registered.
So why go through the trouble of recording it with DJKI?
The answer: it serves as strong evidence in the event of an infringement.
Recording (registration) is declarative in nature. Think of it this way: you own a car (an automatic right), but you still need vehicle ownership documents to easily prove that ownership before the law.
In the event of a dispute, a Certificate of Recordal from DJKI serves as very strong preliminary evidence (prima facie evidence). This certificate shifts the burden of proof—it becomes the opposing party’s responsibility to prove that your design is not original, rather than you having to prove the authenticity of your own work.
Two Rights You Must Understand
When you create something, you automatically obtain two types of rights:
- Moral Rights: Rights that remain permanently attached to you as the creator. Examples include the right to have your name credited (the right of attribution) and the right to object to modifications of your work that would damage your reputation (the right of integrity).
- Economic Rights: Rights to obtain financial benefit from your work. For example, the right to license your park bench design for mass production, or the right to prohibit others from commercializing your design without permission.
The Crucial Clause: Who Actually Owns the Copyright?
This is where the most common pitfall lies.
- Scenario 1: You are a permanent employee at a consulting firm. When you design something in that capacity, the copyright holder—particularly the economic rights—legally belongs to your firm or company.
- Scenario 2: You are an independent consultant or freelancer hired by a client. In this case, you as the creating architect are the copyright holder.
BUT—both scenarios above can be overridden by a single decisive phrase: “…unless otherwise agreed.”
This is precisely why your contract is everything. A simple clause in a Letter of Work Agreement can determine who holds the economic rights to your work. Contractual literacy is no longer merely a “legal matter”—it is a core competency for today’s professional.
From Designer to Asset Owner
Stop viewing copyright as an administrative burden. Start seeing it as a fundamental strategy for securing your value and protecting your reputation.
The role of an Intellectual Property Consultant is not limited to acting as a “firefighter” when disputes arise. Our role is to serve as your strategic partner, helping you proactively by:
- Reviewing and drafting IP clauses in your contracts
- Managing your intellectual property portfolio
- Assisting with commercialization strategy (licensing) for your designs
Your work has value. It’s time to protect it professionally. Let us handle the legal complexities so you can focus on what you do best: innovating. Entrust the protection of your intellectual property to the professionals. Let’s discuss the best strategy for your innovation today.
KARTINI DJOHAN CONSULTING
📍GKM Green Tower 5th Fl. #508
Jl. TB Simatupang No. Kav. 89G
Jakarta Selatan 12520, Indonesia
✉️hello@kartinidjohan.com
📞(62)811-8242-588
🌐www.kartinidjohan.com
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