Indonesia Music Copyright Law Vs Copyright Infringement

Indonesia is a democratic country, at least in its principle. Well, at least, the word “democracy” does not come with quotation marks again, as happened during the New Order. Now, democracy will either sound or discuss everything, or appoint a representative to do all the voices and discuss, and thus decide anything that will be applied into law, which must be followed and maintained by the executive branch (just to remind you, this means that the President and his administration). Now, what does this have to do with the digital music business? law, that’s what.

Being essentially a content-based business, the music industry is strongly influenced by the copyright laws – how the government sees the problem of copyright infringement and how to think it is implemented. And a million things that regulatory requirements in the country, copyright law recently most in Indonesia was signed into law in 2002, under President Megawati Sukarnoputri. Though according to some still lacking in some areas, legislation upgraded to add some much needed legal protection for cinematographic works for a computer program, like the previous version of the copyright law was signed into law in 1979.

One of the clauses of the most interesting of the law, at least in the context of the music industry, stating that “unless agreed in advance by the Creator, technology control methods to protect the rights of the Creator must not be damaged, removed or rendered dysfunctional”. The next clause goes on to explain that creation using high technology, such as optical discs, must follow all government regulations and requirements of the relevant authorities. There is also a clause protection for music producers (read: music labels) and broadcasters (read: a television station), in addition to the creator / composer. This clause is also a major upgrade from the previous version of the law.

This is where democracy comes in: every upgrade to the existing law – or even the creation of new ones – it really depends on what the issue House of Representatives (DPR) has the most urgent need for regulation. Whatever the Parliament deems important based on their own personal beliefs, each direction of their political affiliation, and direct feedback from the community. This is where the lobby usually come – to make sure certain issues and interests are properly represented in parliament and therefore the right benefited from revised legislation.

Thus, during the preparation of the Copyright Act 2002, lobbyists from the record companies, television stations and production companies CD / DVD (along with the content owner) to make sure that they have proper protection in the revised law. And notes that, under the Copyright Act 2002, “Phonogram Producers have the exclusive right to give permission or prohibit other parties without authorization duplicate and / or hire works sound recording or audio recording”.

Therefore, in this case, music piracy is a crime – and the 1979 Copyright Act does not have the clear words like this. So, music piracy is a crime by the law, but also because the Parliament and the recording companies are defined as such. But remember, these legal considerations also took a covenant from the World Intellectual Property Organization into account, as they also ratified the 2002 law.

So here’s the takeaway: Indonesia copyright laws make it illegal to upload music files that unauthorized file sharing networks, and it is also illegal for avoiding DRM to access and / or duplicate music content. It also makes it illegal for websites to distribute content that is unlawful, because it is considered a file unauthorized duplication. The unfortunate thing about the law in Indonesia, is the enforcement (or lack thereof) – only the recent actions the government has taken against illegal file-sharing sites, even then after much lobbying by the industry.

Thus, the law is clear about piracy, whether or not it is a relevant issue in the development of content consumption. So the question is, should it become a problem or an opportunity?