A new Copyright Law, which is scheduled to come before the House of Representatives later this year, promises to dramatically change current practice in Indonesia.
A draft we obtained in January 2014, which purports to be the final version ready for submission to the House of Representatives, incorporates some significant changes. Some of the big ones include:
- A shift to complaint-based crimes. Authorities will not be able to act without a complaint. The change will bring the Copyright Law into line with the Trademark Law, Designs Law and Patent Law.
- The introduction of landlord liability. Criminal provisions in the draft law, albeit with relatively light sentencing (up to 2 years imprisonment and/or IDR100million fine - around USD12,000), mean landlords commit a crime if they allow tenants to carrying on with infringing activity.
- The introduction of criminal penalties for buying certain works. In the existing law, selling infringing material is a crime but buying is not. The draft law introduces penalties of up to 30 days imprisonment and/or a fine of up to 10 times the item’s value, for purchasers of infringing books, musical and cinematographic works.
The draft law includes new and revised provisions and definitions that serve to broaden the scope of copyright protection in Indonesia.
We’ve commented that, unlike other draft laws, the Copyright Law has a real chance of becoming law because it features in the ProLegNas for 2014 (see here).
The new law is likely a product of a domestic push to expand Indonesia’s creative economy, and lobbying from foreign interests seeking higher standards of protection. It will most definitely be a win for rights holders if the law is passed in its current form.