Guide to Using Teaching Materials with Copyright

Understanding Learning, Materials, and Intellectual Property Rights

In learning, the use of teaching materials prepared by lecturers or instructors is essential. Teaching materials are designed to aid in the creation of learning materials, including topics and specific content, whether in print (e.g., articles, infographics) or non-print (e.g., audio and video). These materials are subject to copyright and moral rights protected by applicable laws. Therefore, the notion that “non-compliance with copyright is acceptable if it is for educational purposes” is erroneous.

Understanding Copyright and Moral Rights

Copyright is governed by Undang-Undang Nomor 28 Tahun 2014 concerning Hak Cipta (UUHC). Article 1, paragraph 1 of this law defines copyright as the exclusive rights of the creator that arise automatically based on declarative principles after a creation is manifested in tangible form, without reducing restrictions in accordance with legal provisions.

Based on the explanation in Article 4 of the UUHC, exclusive rights are rights reserved solely for the creator, meaning no other party can utilize these rights without the creator’s permission. Copyright holders who are not the creators only have a portion of the exclusive rights in the form of Economic Rights.

According to Article 5, paragraph (1) of the UUHC, Moral Rights held by the creator include:

  1. Ensuring whether or not their name is included in copies related to the use of their creation for the public. This means that whenever we use or quote someone else’s creation, we must include the creator’s name unless explicitly permitted or requested by the creator not to do so.
  2. Using their real name or pseudonym. In this regard, a creator has the right to decide whether to use their real name or a pseudonym.
  3. Modifying their creation appropriately within society’s norms, changing the title and subtitle of the creation, and maintaining their rights in case of distortion, mutilation, modification, or actions detrimental to their honor or reputation. When using someone else’s creation, it is essential to consider whether any modifications would damage or tarnish the creator’s reputation. The creator has the right to grant or deny permission regarding related matters.

Meanwhile, the types of Economic Rights are regulated in Article 9 of the UUHC, which include:

  1. The right to publish the creation;
  2. The right to reproduce the creation in all its forms;
  3. The right to translate the creation;
  4. The right to adapt, arrange, or transform the creation;
  5. The right to distribute the creation or its copies;
  6. The right to perform the creation;
  7. The right to announce the creation;
  8. The right to communicate the creation; and
  9. The right to rent out the creation.

Here is a guide to using Creative Commons Licenses

Below are the procedures for   Creative Commons

References

​​Indonesia. (2014). UU No 28 Tahun 2014. Jakarta: Sekretariat Negara. Retrieved from https://peraturan.bpk.go.id/Details/38690 ​

KBBI . (2023). Retrieved from KBBI: https://kbbi.web.id/ajar ​

Nasruddin. (2022). Pengembangan Bahan Ajar. Padang: PT Global Eksekutif Teknologi.