“Should we ask permission from the chirping birds?”
This question was initially posed as a joke by the writer’s colleague during a discussion on music royalties in public spaces. However, beneath the humor lies a real concern—especially for business owners in the culinary and hospitality sectors—who now face legal risks for playing music without a license.
This concern isn’t baseless. After the legal case involving the Director of PT Mitra Bali Sukses, the license holder of Mie Gacoan outside Java, for allegedly playing music without paying royalties to the National Collective Management Organization (“LMKN”), many business owners began seeking alternatives. One emerging trend is replacing music with natural sounds—like bird chirps, flowing water, and rustling forest winds.
Are Natural Sounds Free from Copyright?
In practice, these businesses are not streaming bird sounds live from the jungle. They usually use digital recordings downloaded from the internet or purchased from sound effect websites. This is where legal issues may arise.
As outlined in Articles 1(13) and 1(14) of Indonesian Copyright Law No. 28 of 2014 (“UUHC”), the definitions are as follows:
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Fixation is the recording of audible sound, visual images, or both, which can be viewed, heard, reproduced, or communicated through any device.
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Phonogram is the fixation of a performance’s sound or other sounds or representations of sound, not including fixation in cinematography or other audiovisual works.
This means that recordings of animal or nature sounds can be categorized as phonograms. Importantly, under Article 24(1) and (2) of the UUHC, the producer of such phonograms holds economic rights.
LMKN has clarified this, as published by Tempo. Jhonny W. Maukar, LMKN Commissioner for Licensing and Collecting, emphasized that playing bird sounds directly from their natural source, like a cage or the wild, is not subject to royalties.
“If it’s naturally heard from its cage, there’s no recording involved, so no royalties are needed,” said Jhonny on Thursday, August 7, 2025.
However, he added that if the sound has been recorded and fixed—in digital audio, video, or any replayable format—then copyright laws apply.
“If there’s fixation, then the recording work is legally protected.”
This principle applies globally. In the United States, Singapore, and other member countries of the Berne Convention under WIPO, nature sound recordings that have been fixed into a tangible form are protected by copyright.
In the U.S., the Copyright Act of 1976 classifies edited and recorded natural sounds as “sound recordings” eligible for protection. Singapore’s Copyright Act 2021 also grants exclusive rights to creators of sound recordings, including for commercial use.
Meanwhile, the World Intellectual Property Organization (WIPO), via the Berne Convention, states that original works fixed in a particular form (like digital recordings) are eligible for cross-border copyright protection.
So, Is That Birdsong on the Internet Free to Use?
No. If the bird sound is uploaded by a creator on platforms like Shutterstock, Envato Elements, or YouTube in video format, you must investigate its licensing terms. Assuming such content is free to use for your business could lead to legal trouble.
Legal Risks for Business Owners
According to Article 24(2) of the UUHC, phonogram producers hold economic rights to their works, including the right to license and receive compensation. Therefore, if a restaurant plays a nature sound recording without the appropriate license, it may be infringing on copyright.
And the penalties are serious:
For commercial use, copyright infringement can carry criminal penalties of 1 to 4 years in prison, or fines from 100 million to 1 billion rupiah, as outlined in Article 117(1) and (2) of the UUHC.
As odd as it sounds, recordings of bird chirps, waterfalls, or babbling brooks can legally have rightful “owners”—if they’ve been fixed and distributed via licensed platforms.
A Safe and Ethical Middle Ground
How can businesses create a natural ambiance without risking legal issues?
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Obtain proper licenses from phonogram producers for the sound or music you want to use. This gives legal protection and permission to use the work in your establishment.
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Buy recordings from platforms that provide clear licensing, such as Pixabay, FreeSound, or Envato. This aligns with Article 24(3) of the UUHC, which states:
“The distribution referred to in paragraph (2) letter b does not apply to copies of fixations of performances that have been sold or whose ownership has been transferred by the Phonogram Producer to another party.”
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Record your own natural sounds. A café owner might record birdsong from their backyard or wind sounds from their front porch. These original recordings are not only legally safe but can create a unique and personal sound identity for the business.
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Use recordings labeled “no copyright” or “royalty-free.” Even so, it’s crucial to double-check those claims to ensure they truly permit commercial use.
A Personal Note from the Author
Beyond the legal perspective, I find that the use of natural sounds creates a calmer, more relaxed environment for café or restaurant guests. Without dominant background music, conversations feel more natural, and dining becomes more serene. In this post-pandemic era that values balance and inner peace, this approach feels especially relevant.
So, Do We Need to Ask the Birds for Permission?
If the bird is chirping in the tree outside your home, feel free to record it and let others enjoy it.
But if that birdsong came from a recording made by someone else, know who the producer is—and respect their rights.
Jakarta, August 12, 2025
Written by: Shabrina Defi Khansa
Note: If you need legal support or consultation related to copyright, licensing, or other intellectual property issues in Indonesia, our team at ambadar@ambadar.co.id is ready to assist you.
