Copyright Law 2014 under Scrutiny

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Indonesia is waiting for the new Copyright Law to be declared by the government this year. There are at least 66 laws in the National Program of Legislation in 2014, including the Indonesian Copyright Law, that are scheduled to be reviewed by the parliament and then issued by the government during this year.

The declaration of the new copyright law itself is significant to replace the existing law which is considered out of date and not in accordance with recent issues.

The draft of the new copyright law, however, has triggered controversy among media practitioners, in relation with the Article 38 regarding the infringement of copyright through electronic systems.

Article 38 paragraph (1) of the draft provides: “Indonesian Ministry of Communication has the right to shut down and stop the electronic system services on the basis of the sufficient preliminary evidence.”

Further Article 38 paragraph (3) says: “The execution of the shut down and the stopping of the said services referred to as the paragraph (1) above cannot be appealed using civil, criminal and/or administrative lawsuit”.

These provisions have created anxiety that such provisions could be used by the government to suppress democracy.

Moreover, the new law is predicted to lead to more domain disputes since the recommendation of the shutdown of suspected electronic systems (including websites) can be filed by any party as well (Article 39 of the draft).

Without further explanation regarding the procedure to request the shut down by a third party as well as the procedure on how the Ministry will process the said request, it is possible that the number of domain name dispute will increase.

The new copyright law will also regulate the National Collective Management Institution. This institution will be in charge of royalty collection.

During the socialization of the draft, it was reported that several musicians and other artisans expressed their complaints since the arrangement with respect to the royalty collection procedure as well as the collective management institution itself was not clearly stated in the law.

With all of those complaints and controversies, we are crossing our fingers, hoping that the new Indonesian Copyright Law will conform to everyone’s interests and will be a better law compared to its predecessor.

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Keyword : Copyright in Indonesia, Filing Copyright in Indonesia, Copyright Law in Indonesia



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