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Open Source Copyright License Template for Indonesia

This Open Source Copyright License is a legal document governed by Indonesian law that establishes the terms and conditions for the use, modification, and distribution of software or other copyrightable works. It combines international open source licensing principles with specific requirements of Indonesian copyright law, particularly Law No. 28 of 2014 and the Electronic Information and Transactions Law. The license grants users certain rights while protecting the original creator's interests, ensuring compliance with both global open source standards and Indonesian legal requirements for copyright protection, electronic transactions, and intellectual property rights.

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What is a Open Source Copyright License?

This Open Source Copyright License serves as a crucial legal framework for software distribution and collaboration in Indonesia. It is designed for use when developers or organizations want to make their software freely available while maintaining certain controls and protections under Indonesian law. The document incorporates provisions from Law No. 28 of 2014 (Copyright Law) and Law No. 11 of 2008 (ITE Law), while following established open source principles. It's particularly relevant in today's digital economy where software sharing and collaborative development are increasingly common. The license addresses key aspects such as copyright protection, usage rights, modification permissions, distribution terms, and liability limitations, all within the context of Indonesian legal requirements and international best practices for open source licensing.

What sections should be included in a Open Source Copyright License?

1. Parties: Identifies the licensor (copyright holder) and defines the terms 'You' or 'Licensee' for users of the software

2. Background: Explains the purpose of the license and the software being licensed

3. Definitions: Defines key terms used throughout the license, including 'Work', 'Derivative Works', 'Source Code', and 'Distribution'

4. Grant of Rights: Specifies the rights granted to licensees, including rights to use, modify, and distribute the software

5. Conditions: States the conditions under which the licensed rights must be exercised, including attribution requirements and source code availability

6. Redistribution Requirements: Specifies requirements for redistributing the software, including preservation of notices and attribution

7. Disclaimer of Warranty: States that the software is provided 'as is' without warranties

8. Limitation of Liability: Limits the licensor's liability for damages arising from the use of the software

9. Termination: Describes conditions under which the license may be terminated and the consequences of termination

10. Governing Law: Specifies that Indonesian law governs the license and its interpretation

What sections are optional to include in a Open Source Copyright License?

1. Patent Grant: Includes explicit patent license grants when the software may be covered by patents

2. Contribution Agreement: Defines terms for accepting contributions from the community to the software

3. Export Controls: Addresses compliance with export control laws when applicable

4. Privacy and Data Protection: Includes provisions related to data protection when the software processes personal data

5. Network Use: Addresses terms specific to software used over a network (similar to AGPL provisions)

6. Compatible Licenses: Lists other open source licenses that are considered compatible for combining code

What schedules should be included in a Open Source Copyright License?

1. Notice Text: Standard copyright and attribution notices to be included with the software

2. Compatible Licenses: Detailed list of compatible open source licenses and their versions

3. Third Party Components: List of third-party software components included and their respective licenses

4. Required Notices: Specific notices required by Indonesian law or referenced open source licenses

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Indonesia

Document Type

License Agreement

Sector

IP

Cost

Free to use

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