Legal Literacy - This article discusses the legality of photocopying books as evidence in civil procedure law in Indonesia. Starting with the history of copyright protection that has been implemented since the colonial era to the 2014 Copyright Law, this article reviews the exclusive rights for book creators and copyright protection from infringement. In addition, the article explains the role of evidence in court and legal provisions that allow the use of photocopies of books for the purposes of judicial proof, provided that complete explanations and quotations are in accordance with the principle of fair use.

Books as Protected Creations

Copyright protection began when the Netherlands occupied Indonesia, which was then last updated with the 2014 Copyright Law. This is regulated because Indonesia is a country that protects works from plagiarism and piracy which leads to instability and stagnation of the macro economy. In addition, the consequence of Indonesia joining the WTO is also recognizing its conventions, including TRIPS. Copyright, in a normative juridical sense, is:

“the exclusive right of the creator that arises automatically based on declarative principles after a creation is manifested in a tangible form without prejudice to restrictions in accordance with the provisions of laws and regulations.”

Furthermore, the Copyright Law also outlines the types of Creations, including books (vide Article 40 paragraph (1) of the Copyright Law). Because books are Creations, the author of the book is the Creator and has exclusive rights in the form of economic and moral rights. The provisions regarding moral rights are regulated in Article 5 paragraph (1) of the Copyright Law, while those regarding economic rights are scattered in several articles.

Books are protected by the Copyright Law with separation, namely the author of the book manuscript as the Creator and the publisher as the copyright holder.[1] Such legal relations are regulated in Article 80 of the Copyright Law.