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?

Baca juga : The Rise Of Copyright Infringement in Indonesia

The Rise Of Copyright Infringement in Indonesia

I am sure many may disagree with this title. Bunch of illegal copies of local and international films, television shows and songs can still be downloaded or streamed through various websites and apps in Indonesia. (e.x.Indoxx*). Millions of pirated copies of the same copyrighted content are available in plenty of malls and traditional markets. You can even find current movies being streamed live from inside a cinema through social media.

Yes, online piracy is prevalent and remains a cause for concern, but we are making progress. How? Through consistent enforcement, commitment, and collaborative efforts to handling copyright infringement Indonesia.

Since 2015, an interagency antipiracy task force within the government has shut down more than 392 illegal film websites that distribute or stream pirated content. By the end of 2017, the music industry said around two-thirds of the websites they had reported for infringing on their copyrighted material were already inactive.

To put the significance of these numbers in context, the same statistics were cited by the International Intellectual Property Alliance, an organization of United States creative industries, in its 2018 report on Indonesia, which notes how the government’s “enforcement has been promising, with excellent compliance by the seven largest ISPs”. 

While the people behind these websites can just hop to a new domain and carry on their illicit business, we are in fact making a dent in their operations by going after where it hurts: the bottom line. 

Online pirates earn from online advertisements, but every time their websites are shut down, the new sites they create will have lower page rankings, which will then reduce the amount of revenue they can generate. 

The ministry of communication is also going directly to advertisers. Last October, an Infringing Website List was launched by several industry associations — the Association of Indonesian Film Producers (APROFI), the Indonesia Recording Industry Association (ASIRI), the Motion Picture Association (MPA) and the Association of Indonesian Advertising Agencies (P3I) — with the support of the Creative Economy Agency (Bekraf), to make companies aware of which sites they should not place ads on. 

They are also working with Google and Facebook, which have been cooperative in taking down pirated materials. YouTube, for instance, is very active on this front.

Soon, the fight against these online pirates will be aided by technology that allows us to track them down, putting an end to the cat-and-mouse game. The Communications and Information Ministry to take down online sources of pornographic content and hoaxes, and it will soon use it to fight against online pirates. 

On the ground, The ministry are working with theaters to curb the practice of illegal live streaming of films through social media, and they have committed to taking immediate action once violators are found. 

They have also asked them to install CCTVs to improve detection. As long as there is a complaint from the owner of the film rights against entities who live stream for commercial purposes, the government can take legal action.

Though much of the focus now is now on online piracy, we are not ignoring the proliferation of pirated DVDs across the country. We are communicating with local governments to encourage them to exercise their authority to penalize or even shut down shopping malls or centers that allow the sale of pirated goods, and we have been receiving positive responses.

Consistent enforcement, commitment, and collaborative efforts have proven to help us win battles against online piracy. But that’s just one of the fronts in this war. 

Cutting off supply is never enough to kill the market for illegal products; the demand side has to be addressed. 

When it comes to creative content like films, television shows, and music, demand for pirated copies exists because of three things: price, distribution, and habit. Therefore, strategies to fight piracy should address these aspects. 

The increasing availability of streaming websites and the cooperation of internet service providers help address two of the three issues: price and distribution. If we make content more affordable and easily accessible, we have seen consumers tend to shift to legal sources.

Offline, one way to address the demand side is to convince content producers to reduce prices or diversify their products for different markets. 

At the same time, we are pushing for the use of the collective management organization to more efficiently collect royalties from companies that use copyrighted materials. This way, we help diversify the revenue sources of content companies. 

The third aspect, habit, would take longer to address. Instead of trying to break the habits of older people, we are focusing our efforts on educating our children to make sure these illegal habits don’t form to begin with.

We realize that many in the public still fail to fully grasp the harm that piracy does. Indonesian filmmakers lose more than Rp 4 billion (US$290,000) for each film that gets pirated. 

Indonesia’s recording industry loses up to Rp 14 trillion a year from the illegal downloading of songs. 

But we cannot develop our creative industry and support our local artists if we can’t find a way to protect their work. 

We cannot win this fight overnight, or even over a few years. But through consistent enforcement, commitment, and collaborative efforts, we will win battles and gain ground. 

Online piracy may never fully be eliminated. But diminishing itr presence enough to the point where the practice doesn’t hurt legitimate businesses is already a significant victory. 

Baca juga : The Importance of trademark registration in Indonesia