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Indonesia Copyright Law

Copyright operates under the principle of “first to use,” meaning that the first person to disclose or publish a work is considered the copyright owner. This differs from other intellectual property rights, which typically follow the principle of “first to file”.¬† Rights conferred under the Copyright Law in Indonesia include copyright and related right.

Copyright grants creators exclusive economic and moral rights to their creations. Economic rights allow creators to derive financial benefits from their work, through licensing;  publishing; reproducing; translating; adapting; distributing; performing; broadcasting; communicating, and leasing, where royalties are paid to the creator. Moral rights are inherent to creators, protect the integrity of their work and reputation. These rights include the right to be identified as the creator (unless otherwise agreed) and the right to prevent any distortion, mutilation, or modification of their work that could harm their honor or reputation.

Related right, viz performing rights, on the other hand, are held by performers, phonogram producers, and broadcasting organizations. These rights pertain to performances and broadcasts of works. For example, a music concert constitutes a form of performing right, where the artist or copyright holder owns the sound recording, while the television station may own the broadcasting rights. If an artist performs a cover song at a concert, they hold performing rights to their performance, even if they are not the original songwriter.

Under Article 23(5) of the Copyright Law in Indonesia, anyone can use a copyrighted work in a performance by paying a fee to the author through the Collective Management Institution (LMK). LMK is a non-profit entity responsible for collecting and distributing copyright royalties in Indonesia, as defined in Article 1(22) of the Copyright Law. Joining LMK is essential for creators and performers to ensure proper compensation is received for the use of their work.

To illustrate by way of example, in order to comply with copyright laws and regulations for the use of a Korean song in Indonesia for public performance, broadcast, or any other commercial use, a license from the Indonesian LMK, WAMI (Wahana Musik Indonesia) for the specific use of the Korean song is required. This license will stipulate how one can use the song, for how long, where, and how much one has to pay. It is crucial to get permission and pay royalties for such use. This helps the right holders and ensures they are fairly compensated.

Overall, understanding the distinctions between copyright and performing rights, as well as the role of Collective Management Institutions, is crucial for creators and performers to protect their intellectual property and receive fair compensation for their work in Indonesia.