Copyright Draft Bill Addresses Freedom of Panorama

Draft Bill on Copyright (“Copyright Draft Bill”) will address the freedom to use images or sketches of monuments permanently located in public spaces for various purposes (freedom of panorama). Ari Juliano Gema, an attorney and intellectual property law practitioner, stated that this provision grants the public the freedom to use sketches of public monuments for commercial purposes without being considered in violation of the copyright held by the creator’s heirs.

The man known as Ajo explained that the inclusion of this provision on freedom of panorama was prompted by a legal dispute over a sketch of the Welcome Monument at the Hotel Indonesia Roundabout, which was used as a brand logo by a company. The use of that sketch was challenged in court by the heirs of the statue’s creator on the grounds that it infringed on copyright.

“In Europe, once a work has been placed in a public space and is permanent in nature, people are free to use it as part of their own work; therefore, this Draft Bill  aims to regulate the aforementioned ‘freedom of panorama,’” he said.

Ari believes that through this Copyright Bill, the government seeks to affirm that monuments located in public spaces and of a permanent nature should no longer be subject to rigid restrictions on their use. Consequently, the public would not face the threat of legal action when incorporating them into other works.

This provision, he continued, is expected to provide legal certainty for the creative industry so that it can utilize public icons in its works without fear of future copyright disputes.

The Copyright Bill, proposed as an initiative by the House of Representatives (DPR) in 2025, is slated for completion this year to promptly provide legal certainty and strengthen copyright protection.