Indonesia still haven for copyright piracy<\/p>\n
Onstage our local musicians appear joyful and glamorous, but
\nlook deeper and you will uncover the melancholy story of a lack
\nof protection of intellectual property rights -- an issue many
\npeople do not fully grasp. The Jakarta Post goes backstage to
\nexplore the issue. More stories on Page 3 and Page 9.<\/p>\n
JAKARTA (JP): Music offers money, fame and glamor to those
\ninvolved in the fast-growing industry.<\/p>\n
It has developed from a part-time hobby into a sophisticated,
\nglobal and profitable industry involving multibillion dollar
\nbusiness deals worldwide.<\/p>\n
Indonesia is no exception. The country's music industry reaps
\nan average of Rp 400 billion (US$56 million) in revenue annually,
\nwith the sale of seven million cassettes and compact discs each
\nmonth.<\/p>\n
Not bad for an economically troubled country like Indonesia,
\neven though these numbers benefit only a small number of the
\ncountry's 200 million people.<\/p>\n
Ironically, the music industry is proving to be another
\nheadache for President Abdurrahman Wahid and his administration.
\nTo a larger extent, the music industry may also disturb the
\nnation's interest on an international level.<\/p>\n
One of the prime reasons for this is that international donor
\ncountries, including the United States and some European nations,
\nhave accused Indonesia of failing to adequately deal with
\nviolations of intellectual property rights.<\/p>\n
Indonesia is a member country of both the World Intellectual
\nProperty Organization and the World Trade Organization.<\/p>\n
These organizations demand the establishment of an adequate
\nlegal system for the effective protection of intellectual
\nproperty rights in line with the principal norms and standards
\nset by existing conventions.<\/p>\n
The local music industry could be made an entry point to push
\nthe Indonesian government to abide by international conventions
\nto protect the intellectual property rights of goods and artistic
\nand literary products sold in Indonesia.<\/p>\n
The piracy of audio music products is among the numerous
\nintellectual property rights violations that should be
\nimmediately resolved by the Indonesian government if it wishes to
\nprocure international support to help revive its troubled
\neconomy.<\/p>\n
Indonesia is among several Asian countries, including China,
\nTaiwan and Hong Kong, which are considered havens for counterfeit
\naudio, video and software products.<\/p>\n
Pirated audio cassettes are freely sold at local shops for
\nbetween Rp 4,500 and Rp 12,000, while pirated audio CDs are
\navailable for between Rp 5,000 and Rp 15,000 across the capital.
\nAn original cassette costs between Rp 12,000 and Rp 20,000, while
\nan original local CD goes for between Rp 35,000 and Rp 50,000.<\/p>\n
The Glodok electronics market, the Mangga Dua and Tanah Abang
\nwholesale markets, Blok M Mall in South Jakarta and hundreds of
\nvendors around the capital offer pirated products.<\/p>\n
\"In these difficult times, people like me are glad to buy
\nthese cheap cassettes. We can no longer afford to buy original
\ncopies of our favorite albums,\" said Wongso, a civil servant.<\/p>\n
There are pirated CDs and cassettes containing hit songs by
\nforeign artists like Celine Dion, Mariah Carey, the Spice Girls,
\nRicky Martin, Boyzone and Oasis, and even pirated copies of old
\nalbums by the likes of the Beatles, the Rolling Stones, the
\nEagles and Deep Purple. Local albums are also pirated, including
\nworks by Nicky Astria, Bimbo, KLA Project, AB Three, Iwan Fals
\nand the more contemporary Sheila On 7.<\/p>\n
The National Police Criminal Investigation Directorate and the
\ncity government have confiscated millions of pirated audio
\nproducts, but it seems there is no end to the racket.<\/p>\n
The l987 Law on Copyrights carries a maximum penalty of seven
\nyears imprisonment and\/or a Rp 100 million fine for copyright
\nviolations.<\/p>\n
\"So far the defendants (in these cases) receive lenient
\nsentences, mostly probation,\" lawyer George Widjojo said.<\/p>\n
Piracy upsets people involved in both the local and
\ninternational music industry, as well as foreign governments.<\/p>\n
According to the International Federation of the Phonographic
\nIndustry, a London-based body promoting and defending the rights
\nof music producers internationally, counterfeiting was a more
\nthan $5 billion business in l996.<\/p>\n
It was reported that globally, one in every three music
\nrecords was a pirated copy.<\/p>\n
Indonesia also suffers large losses because of piracy. Nine
\npercent of the recording industry's Rp 400 billion in revenue
\ngoes to the illegal music trade.<\/p>\n
Global<\/p>\n
Piracy is a global problem. It stretches from Asia, Africa,
\nEurope, Australia to the United States. Links between audio
\npiracy, smuggling, drugs and illegal firearms have also been
\nuncovered in some countries.<\/p>\n
Indonesia is considered among the worst countries in terms of
\npiracy. The only way to deal with this problem is by enforcing
\nthe laws protecting intellectual property rights.<\/p>\n
Yet the government continues to find excuses for failing to
\nenforce these laws, blaming a lack infrastructure, funds and
\nproperly trained human resources.<\/p>\n
The director general of intellectual property rights, A. Zen
\nUmar Purba, said last month the Indonesian government had
\ninformed the World Trade Organization it would not be able to
\ncomply with the Trade Related Aspects of Intellectual Property
\nRights (TRIPs) by Jan. 1, 2000, as it committed to in l995.<\/p>\n
He said Indonesia needed more time to build a strong base of
\nunderstanding among the public and related parties. \"Intellectual
\nproperty rights appear to most people as a highly sophisticated
\nconcept.\"<\/p>\n
Sadly, most government officials, those in the legal
\nprofession and people in the music industry know very little, at
\nthe most, about intellectual property rights.<\/p>\n
Singer Norma Yunita said Indonesian musicians and producers
\nmust learn about intellectual property rights, especially if they
\nwanted to go global.<\/p>\n
Norma is one of the Indonesian musicians who performed at the
\nMarche Internationale du Disque et l'Edition Musicale 2000 in
\nCannes, France, last week. This prestigious event promotes
\nintellectual property rights in the music industry.<\/p>\n
\"Any country which wants to participate in such an
\ninternational music event must adhere to international
\nconventions on intellectual property rights,\" she said before
\ndeparting for Cannes on Jan. 20.<\/p>\n
The question is what can the government and the local music
\nindustry do to create the right conditions to boost the music
\nbusiness?<\/p>\n
The government is currently revising three laws regarding
\ncopyrights, patents and trademarks to comply with the TRIPs
\nagreement. The laws were passed in 1997 to replace the 1987
\ncopyright law, the 1989 copyright law on patents and the 1992 law
\non trademarks.<\/p>\n
\"The three laws, however, have never been put into effect.
\nBefore they are implemented, the government has decided to revise
\nthem,\" George Widjojo said.<\/p>\n
The government is still working on the revisions, saying the
\nlaws would be adjusted to meet the standards set in the TRIPs
\nagreement.<\/p>\n
Meanwhile, local efforts to promote the protection of
\nintellectual property rights have been made by organizations like
\nthe Indonesian Creative Act Foundation, the Indonesian
\nIntellectual Property Rights Society and the newly established
\nSociety Against Piracy and Pornography.<\/p>\n
These organizations have vowed to raise people's awareness and
\nunderstanding of the importance of the effective protection and
\nenforcement of intellectual property rights.<\/p>\n
Efforts to increase musicians and producers' understanding of
\nintellectual property rights must also be made by the Association
\nof Indonesian Music Recording Companies and the Organization of
\nIndonesian Recording Artists.<\/p>\n
If the government, law enforcers and these organizations work
\nearnestly, there should no longer be any excuses for delaying the
\nprotection of intellectual property rights for the good of
\nIndonesia and its musicians. (raw\/sim\/icn)<\/p>",
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