Indonesia’s National Collective Management Agency (LMKN) recently found itself at the center of public criticism following a statement regarding royalty payments for the use of the national anthem, “Indonesia Raya.” The issue began Yessi Kurniawan, LMKN’s Commissioner for Collection and Licensing, stated that all copyrighted music played in public—whether in commercial events or performances—should be subject to royalty fees. This, according to his original statement, could also apply to “Indonesia Raya” if used in paid or commercial context. He cited Law No. 24 Year 2009 concerning the national flag, language, emblem, and anthem as the basis of his statement
However, following heated public response, LMKN issued a formal clarification. They stressed that The Indonesian national anthem, Indonesia Raya, is actually already in the public domain. Therefore, parties who use the national anthem are not obligated to pay royalties as part of the economic rights typically attached to the author. Nevertheless, users of the national anthem are still required to respect the moral rights of the composer by crediting the author of the song. Furthermore, LMKN confirmed that the anthem can be freely used in state functions, educational settings, and other national activities without the need for any license or payment. Lastly, they emphasized that their role is limited to managing royalties for copyrighted works under their collection system, and that national symbols such as the national anthem are outside their scope.
Discussion
The discourse regarding the copyright status of national anthem offers opportunities to share insights regarding copyright law—which considering the sheer number of cases and controversies lately on music and copyright—should be valuable knowledge.
The term “public domain” refers to creative works that are not subjected to copyright protection. Article 58 of Law No. 28 Year 2014 on Copyright stipulates that copyright protection of works endures for a term consisting of the life of the Author and 70 years after the Author’s death, commencing from 1st January of the year following the event. The composer of Indonesia Raya, national hero W.R. Supratman passed away in 1938, well past the duration stipulated in the article, which means that his works are free of copyright (public domain) beginning from 2008. Furthermore, the exemption of national anthem from copyright is further emphasized in article 43 of Copyright Law, which stipulates that publication, distribution, communication, and/or reproduction of state emblems and national anthem in accordance with their original nature, are not considered copyright infringement. Therefore, it can be reasonably concluded that the composition of Indonesia Raya is not subjected to copyright, and contrary to the original statement by LMKN’s Commissioner for Collection and Licensing.
However, while the original composition is free of copyright, what about recordings and interpretations of the song? Since copyright law distinguishes between authors’ rights and the rights of performers and producers, recordings of public domain works can still be protected by copyright. But also considering that Law No. 24 Year 2009 prohibits the commercial use of “Indonesia Raya.” Would it ever be possible to financially gain from interpretations of the national anthem?
Regarding this issue, Professor Ahmad M. Ramli, one of the drafters of the copyright law, explained his insight. During a Constitutional Court hearing on the judicial review of Law No. 28 of 2014 on Copyright, Prof. Ramli explained that royalties for performances of the national anthem could be allowed in certain contexts. He gave an example: if “Indonesia Raya” is arranged as an orchestral piece and sold as a record, the producer would need government permission, and royalties could be applied. noted that Singapore already applies such a model, and whether Indonesia should follow suit is a matter of “legal politics that must be understood”, according to his statement.
Conclusion
With the ever-increasing controversies regarding music copyright and royalties, business owners (especially entertainment and food related) can no longer afford to not be knowledgeable regarding this topic. A strong comprehension of copyright law is absolutely essential to avoid unwanted issues and disputes. For more questions regarding this topic or any matter related to IP law, contact us at ambadar@ambadar.co.id
Source:
https://www.tempo.co/hukum/lmkn-dan-djki-sebut-lagu-indonesia-raya-bebas-royalti-2056297
