Taken from: “Analisa” daily, dated March 20, 2007.

Written by: Iman Sjahputra

 “Collective Management” Through the Copyright Law

Revised Version

Pirating is spread out of control in Indonesia. Jakarta is the pioneer in the circulation of the pirating books. The infringed books are varied and the educational books for the college are at the first ranking, followed by the best seller books. Until today there is still no accurate losing amount issued by the publisher and the book writers.

One thing certain that complain from R. Harry, the leader of Tim Penanggulangan Masalah Pembajakan Buku (Fights Again Pirating Books) of Ikatan Penerbit Indonesia (IKAPI) (Indonesian Publishers Association), is the proof. He said that once the books distributed by the publishers then within 1 (one) week from the release we could find the pirating books in the market.   

How could this happen? It is caused by the holes in the regulation and the weakness of the law enforcement. Further there is no strict and firm punishment made against the infringers of the books. As the consequences then the pirating books could be found almost everywhere from the bookstalls to the porches and the corner of the streets. In some places people freely to reproduce or copy the books without being worried. Whether it is understood or not, legally, the infringer (person who reproduce, copy, distribute or sells the said pirating books) legally can be qualified as infringing others’ copyright.

Copyright Laws No. 19 Year 2002 actually provides the protection of rights to the writer/ author/publisher for the works done. The said rights are economic and moral rights and given to the writer, and multiplication and publication rights given to the publisher, which has to be respected by us. Every breach of this right is punishable under the criminal law as mentioned in Article 72 (1) and (2) of the Copyright Law.

However in the living reality the rights given to the writer and the publisher so far are not yet respected. In plain view we could easily find the pirating books in the market and the community itself could easily reproduce any book/ reading/ writing and ignoring the rights owned by the writer/publisher.

As the result then the royalties and interests expected by of the writer/publisher will never be collected. Moreover in Indonesia there is no formal institution that represents the rights of the writer and publisher with respect to the royalty. The royalty matter is delegated fully to the writer, publisher and the community to manage it therefore if it is found the pirating books in the market then the writer or publisher has to take action by suing the copyright infringer.

So in this case, it means that from the regulation and financial views the writer and publisher are in the very weak position. Further that the Copyright Law itself has not admitted any formal institution to represent the creator/writer/publisher regarding the royalty matters. Hence the said institution is very important.  In fact if the formal institution can be formed to represent the rights of the writer or publisher in the royalty matters then it would be very much of a help.

Since the said institution could represent or act on behalf of the writer/author/ publisher to conduct the negotiation with any third party such as libraries, schools/colleges or bookshops who sell the writer’s/publisher’s books in the licensing, selling, copying or reading forms by public, colleges, students or whoever interested in the said books/magazines/the newspapers. This institution is more concerned that the royalty of the writer/publisher could be well collected. With the existence of this institution then the writer’s/publisher’s rights could be secured and in pirating case the role of this institution would be very effective.

In some countries such institution is called “collective management” institution. It is not a government institution but recognized and supported by the government since the institution takes a great role to prevent or at least minimize the copyright infringement. Some samples of such “collective management” are International Federation of Reprographic Reproduction Organization (IFFRO), Association of European Performers Organization (AEPO) and International Confederation of Societies of Authors and Composers (CISAC). These institutions were established decades ago and recognized by the related authorities.

With the existence of “collective management’ then the rights of the writer/author/ publisher are protected. As a chain reaction then the living of the author will be more prosperous and wealthy then the positive aspect will be increased where of author will be encouraged to work better. So, will Indonesia establishes such “collective management” institution soon? Or shall we wait until the Copyright Law being revised !