One of the most common reasons for rejection that microstock contributors receive is succinct: the model release is not complete. This term originates from agency practices abroad, and Indonesian law does not use that term at all. What is used is Potret (portrait), and the regulations are actually narrower and more stringent than what is found in many online guides.
The Copyright Law Number 28 of 2014 provides a brief definition in Article 1 number 10: Potret is a photographic work featuring human subjects. The copyright for the photograph remains with you as the photographer. What is regulated separately is the economic rights to the Potret, and this is where the consent of the person photographed comes into play.
The trigger is advertising and promotion, not all commercial use
Article 12 paragraph (1) prohibits commercial use, reproduction, announcement, distribution, and communication of a Potret created by someone for the purposes of advertising or promotion commercially, without written consent from the person photographed or their heirs.
Note the key phrase. The trigger is not the word commercial in general, but rather advertising or promotion. The explanation of this article provides a list: the inclusion of portraits in advertisements, banners, billboards, calendars, and pamphlets used commercially. The phrase "among others" makes this list open-ended, not closed.
For microstock contributors, this loophole is practically closed. The licenses you sell are indeed purchased for such use, and you do not control who the buyer is. Article 12 paragraph (2) adds another layer: if the Potret features two or more people, consent must be obtained from all individuals in the Potret or their heirs, not just one of them.
Three articles that are often misunderstood
Article 13 states that the announcement, distribution, or communication of a Potret of performers in a public performance is not considered a copyright infringement, unless otherwise stated or consent is given before or at the time of the performance. The explanation provides an example of a singer who objects to being photographed for commercial use. Thus, this exception is conditional, and the conditions are held by the performer.
Article 14 does allow for the announcement of Potret without consent for the purposes of security, public interest, and the needs of criminal judicial processes. However, the authority is granted to authorized agencies. The explanation mentions ministries that handle communication and information, the Corruption Eradication Commission, and other law enforcement agencies. Individual photographers are not included in this.
Article 15 grants the owner of the photographic work the right to announce the creation in a public exhibition or reproduce it in an exhibition catalog without the creator's consent. For Potret, paragraph (2) locks this right: it applies as long as it does not contradict Article 12.
Numbers to remember
Article 115 threatens violations of Article 12 with a maximum fine of Rp500,000,000.00, and only a fine, without imprisonment. Article 120 states that all offenses under this law are complaints-based offenses, so the case proceeds only if the person photographed files a complaint.
Visible logos are not a matter of trademark criminal articles
The second common reason for rejection is visible trademarks within the frame. Article 100 paragraph (1) of Law Number 20 of 2016 concerning Trademarks and Geographical Indications threatens imprisonment for up to five years and a maximum fine of Rp2,000,000,000.00, but its wording states using a registered trademark belonging to another party for similar goods and services produced or traded. A photo that happens to contain a logo is not that act.
Distinguishing between the two is important because the remedies are different. Potret without permission requires written consent. Logos in the frame are a matter of platform policy and contractual risk management, which is usually resolved by editing that part or moving the photo to the editorial license category.
The freshness of the regulations
Law Number 28 of 2014 is still in effect according to the JDIH BPK database when this article was written. The draft amendment was only approved as a DPR initiative proposal in the plenary meeting on March 12, 2026, and is still in draft form, so it has not changed anything. One decision from the Constitutional Court has touched on this law in another part, namely Decision Number 84/PUU-XXI/2023, which expands the prohibition in Article 10 to include user-generated content digital service platforms.
If you want to see a broader picture of the revenue stream first, the discussion on the contributor workflow is in the article microstock photography and its opportunities.
Sources
- Law Number 28 of 2014 concerning Copyright, State Gazette Number 266 of 2014
- JDIH BPK, status and metadata of Law Number 28 of 2014 along with the material test notes of Constitutional Court Decision Number 84/PUU-XXI/2023
- JDIH BPK, status and metadata of Law Number 20 of 2016 concerning Trademarks and Geographical Indications, which has been amended by Law Number 6 of 2023
- Hukumonline, March 13, 2026, three bills approved as DPR initiative proposals including the Copyright Bill