Jakarta (ANTARA) - Legal expert Dewi Nadya Maharani of Universitas\nMuhammadiyah Jakarta (UMJ) has proposed a voluntary licence concept that\nwould enable copyright holders to grant permission for the use of their\nworks to other parties, including the government, with specified\ncompensation as a means of curbing book piracy.<\/p>\n
The proposal was raised during a Debinra Training webinar entitled\n\u201cPublic Demand for Books and Authors\u2019 Rights: How to Balance Interests\u201d,\nheld in Jakarta on Wednesday (18 February).<\/p>\n
Nadya said in a statement received on Thursday that under the scheme,\nthe government could act as a facilitator or even a producer by\nappointing third parties to supply quality books at affordable prices,\nparticularly textbooks frequently used as teaching materials in\nuniversities.<\/p>\n
\u201cThe protection of economic rights would no longer be absolute, but\nfair compensation would still be provided to copyright holders. This is\nwhere the balance is built,\u201d she explained.<\/p>\n
She also proposed reforms to strengthen the function of Collective\nManagement Institutions, reactivating the role of Balai Pustaka, and\nexplicitly incorporating the voluntary licence concept into the revision\nof the Copyright Act to ensure a robust legal foundation.<\/p>\n
\u201cThe high public demand for books amid rampant piracy necessitates\ncopyright policy reform in Indonesia,\u201d she said.<\/p>\n
In her presentation, she highlighted a number of factors driving book\npiracy in Indonesia, ranging from relatively high book prices, uneven\ndistribution, high educational demand, ease of digital access, to low\npublic awareness of the law.<\/p>\n
According to Nadya, copyright protection is governed by Law Number 28\nof 2014 on Copyright, which covers moral rights (Articles 5-7) and\neconomic rights (Articles 8-11). Article 10 explicitly prohibits\nmanagers of commercial premises from allowing the sale or reproduction\nof goods resulting from copyright infringement at locations under their\nmanagement.<\/p>\n
However, a law enforcement approach alone was deemed insufficient.\nThe state needs to introduce policies that provide legal and affordable\naccess for the public.<\/p>\n
Dewi outlined practices in several countries aimed at curbing piracy\nwhilst safeguarding creators\u2019 rights. In the United States, for example,\nthe fair use doctrine permits the use of works without permission in the\ncontext of education and research.<\/p>\n
European countries apply national library licensing schemes and\npublic lending rights that compensate authors for books that are lent\nout. Meanwhile, South Korea has developed a licence-based national\ndigital library.<\/p>\n
Book piracy in Indonesia was assessed as increasingly alarming and\npotentially fatal to writers\u2019 creativity, as well as broadly damaging to\nthe publishing industry.<\/p>\n
This view was expressed by the second speaker, Mahruf, a lecturer at\nthe Faculty of Law at Universitas Nasional (Unas) Jakarta, in a\npresentation entitled \u201cCopyright Infringement and Book Piracy\u201d.<\/p>\n
Mahruf affirmed that books are among the works explicitly protected\nunder Law Number 28 of 2014 on Copyright. Under Article 1, paragraph\n(1), copyright is an exclusive right of the creator that arises\nautomatically once a work is realised in tangible form, without the need\nfor registration.<\/p>\n
\u201cCopyright comprises moral rights and economic rights. Moral rights\nare perpetually attached to the creator, whilst economic rights provide\nfinancial benefits from the work,\u201d he said.<\/p>\n
He explained that Article 40, paragraph (1) of the Copyright Act\nexplicitly includes books, pamphlets, and all other written works as\nlegally protected creations. In practice, however, books are among the\nmost frequently pirated works, in both print and digital formats.<\/p>\n
According to Mahruf, piracy constitutes the unauthorised reproduction\nof a work and the widespread distribution of its copies for economic\ngain. The impact is felt not only by authors who lose royalties, but\nalso by editors, illustrators, translators, printers, publishers, and\nbookshops.<\/p>\n
\u201cAuthors are the most disadvantaged party because the works born of\ntheir time and intellect are simply seized. This can kill the spirit of\ncreativity,\u201d he said.<\/p>\n
The event was organised by Debinra Training, a division of PT Dewi\nBintang Maharatu, which operates in publishing, legal consultancy,\nhealth consultancy, and training. The company\u2019s commissioner,\nSulistyowati, said the event represented a form of concern for the\ndevelopment of literacy in Indonesia.<\/p>", "url": "https:\/\/jawawa.id\/newsitem\/expert-proposes-voluntary-licence-scheme-to-curb-book-piracy-1771569525", "image": "" }, "sponsor": "Okusi Associates", "sponsor_url": "https:\/\/okusiassociates.com" }