Muddle persists over batik copyright issue<\/p>\n
By Tedy Novan<\/p>\n
YOGYAKARTA (JP): As the international conference on batik,
\nheld in conjunction with the International Conference for
\nCultural and Tourism, wound up on Nov. 8, follow-up to the
\nintense debate on intellectual property rights remained
\nuncertain.<\/p>\n
The conference declaration, calling for establishment of a
\nbatik museum to popularize the art among the young, also did not
\nprovide a concrete way to make this reality.<\/p>\n
Despite all the rhetoric about globalization of batik, there
\nare big question marks.<\/p>\n
Unfortunately, the fate of small-scale batik makers, who have
\nlost their business to modern batik industries, escaped the
\nattention of the conference participants. In fact, last year
\nalone, Indonesia exported batik worth US$70.18 million.<\/p>\n
True, the conference came to agreement on the definition of
\nbatik. Batik is defined as a manual dyeing technique with wax
\nused as the blocker. This agreement indicated the good intentions
\nto protect handmade batik against the greediness of big
\nindustries.<\/p>\n
Will good intentions suffice? The answer is hypothetical,
\nalthough empirically it is understood that it is next to
\nimpossible to block access of strong capital in any economic
\nsector.<\/p>\n
Empirical experience is illustrated in the history of batik,
\nwhich started as a household undertaking in the 16th century.
\nThese supplied batik only to fulfill the limited demand. Batik
\nwas originally a royal tradition in Java, which later scaled the
\npalace walls and was adopted by the public.<\/p>\n
Batik developed around the palaces have their on
\ncharacteristics, namely neatly arranged geometric motifs.
\nGenerally, these batik are reddish brown or indigo, with white or
\nlight yellow as background.<\/p>\n
Fashions changed, and people preferred to don clothing
\nimported from India. But the need for clothing rose in line with
\na soaring population. Villagers with batik-making ability moved
\nto towns. In time, they no longer made batik to fulfill their own
\nneeds, but to supply the market.<\/p>\n
It was Sir Stamford Raffles who first mentioned batik in his
\nbook, The History of Java. Raffles noted that the clothing made
\nby the Javanese had begun to be traded around 1800. Batik sarongs
\nfrom the north coast of Java were sold in Batavia, present-day
\nJakarta, during Raffles' time.<\/p>\n
These sarongs were bought mainly by Eurasian women, who
\ncombined them with their kebaya, a blouse pinned together at the
\nfront. Kebaya and batik later became the formal dress of Eurasian
\nwomen and remained fashionable until about 1870.<\/p>\n
Development of batik is inseparable from Dutch colonialism.
\nEarly in 19th century Batavia, the growing middle class became
\npromising batik market.<\/p>\n
Aside from Batavia, Bandung also developed into an elegant
\nfashion center in the 18th century.<\/p>\n
\"Batik dress was not only fashionable among European women, as
\nSundanese ladies also combined batik sarongs from the northern
\ncoastal area of Java with French-made kebaya with floral motifs,\"
\nsaid anthropologist Michael Hitchcock during the conference.<\/p>\n
In 1880, several Dutch artists studied Javanese batik. Batik
\ninfluenced fashion in Europe and also European artists in the Art
\nNouveau and Art Deco periods between 1890 and 1930.<\/p>\n
In 1909, the great fashion designer Paul Poiret made use of
\nthe motif of a broken machete in indigo and reddish brown -- the
\nunique hue of Central Javanese batik -- in his Paris fashions.<\/p>\n
Between 1899 and 1901, two Dutch artists, Henri van de Velde
\nand George Lemen, created several designs for textiles in the
\nmotif of a broken machete. The same motif was also adopted by
\nBritish designer Charles Rennies Mackintosh and French painter
\nHenri Matisse in their designs for textiles.<\/p>\n
Unfortunately, batik development abroad, based on the
\ntraditional batik designs, has lead to the quandary over
\nintellectual property right.<\/p>\n
\"Some traditional batik motifs from Indonesia have been
\npatented in Europe,\" said Maria Wronska, curator of the Asia-
\nPacific Museum in Warsaw, Poland.<\/p>\n
Bill Morrow, an Australian lawyer specializing in intellectual
\nproperty rights, said that being inspired by or taking a small
\npart of traditional motifs constituted copyright violations.<\/p>\n
Patents granted abroad for traditional batik motifs from
\nIndonesia carry serious implications because they rule out use of
\nthose very same designs by Indonesians.<\/p>\n
Tomik, a batik maker from Cirebon, has been unable to export
\nhis batik to Japan for this reason during the last two years.<\/p>\n
\"Batiks with motifs unique to Cirebon and once exported to
\nJapan are now mass-produced there,\" he said.<\/p>\n
Export<\/p>\n
In 1968, during the early years of the New Order when foreign
\ninvestment returned, large-scale exports of batik began.<\/p>\n
The increasing volume of batik exports in subsequent years
\nmarked the beginning of what is now known as batik going
\ninternational.<\/p>\n
\"The state needs foreign exchange receipts in the greatest
\namounts possible. In both export and domestic markets, the demand
\nfor printed batik is soaring,\" said Tuti Soeryanto, former head
\nof the Yogyakarta Batik Development Center.<\/p>\n
In addition, many foreign tourists visiting Yogyakarta and
\nBali return home with printed batik.<\/p>\n
Tuti said there were two things about Indonesian batik that
\ninterested fashion designers abroad. These are the use of natural
\ndyes and traditional motifs, particularly in the form of the
\nbroken machete and the garuda, the mythical bird mounted by the
\nHindu god Vishnu.<\/p>\n
Batik painter Amri Yahya said the predominance of printed
\nbatik abroad had undermined its value as artwork.<\/p>\n
\"Batiks are seen only as textile elements,\" he said.<\/p>\n
He added that this allowed foreigners to easily adopt
\ntraditional batik motifs from Indonesia and then claim them as
\ntheir own creations.<\/p>\n
The issue becomes more complicated because creators of
\ntraditional batik designs are usually unknown. Traditional batik
\nmotifs are considered part of collective rather than private
\nproperty. This gives rise to questions whether traditional
\ndesigns can be patented.<\/p>\n
Tuti Soeryanto believes traditional batik designs cannot be
\npatented because they are state property, constituting the
\ncharacteristic of a nation. The consequence, she says, is that
\nforeigners can always develop traditional batik designs, but may
\nnot use exact copies for mass production.<\/p>\n
It is not so clear-cut.<\/p>\n
Morrow said the International Intellectual Property Regime --
\nthe international law regulating copyrights and patents -- only
\nregulated private rights to ownership.<\/p>\n
\"The international law does not protect traditional designs.
\nThis means that a traditional design is part of a form of
\nownership open for use by anybody.\"<\/p>\n
The Indonesian government can insist that traditional batik
\ndesigns are the property of the Indonesian state. However, as the
\ninternational law does not recognize a collective patent, use of
\nthe motif of, for instance, the broken machete would still be
\nlegal abroad.<\/p>\n
Worse still, Indonesian batik cannot be marketed in a country
\nwhere designs resembling traditional ones from Indonesia have
\nbeen patented.<\/p>\n
Kusnadi Hardjasumantri, a legal expert involved in the drawing
\nup of the conference declaration, said the most the Indonesian
\ngovernment could do was hold negotiations with holders of
\ntraditional batik patents abroad to discuss benefit sharing.<\/p>\n
\"A batik design developed from a traditional batik design from
\nPekalongan can always be patented, but Pekalongan people must
\nshare the profit from commercial use of their design,\" said
\nHardjasumantri, a professor at Gadjah Mada University.<\/p>\n
Not an easy solution, and perhaps an impossible quandary to
\nsolve. Who would feel obligated to share profits when the issue
\nis stuck in legal limbo?<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/muddle-persists-over-batik-copyright-issue-1447893297",
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