YKCI works for copyright protection, remuneration<\/p>\n
By Helly Minarti<\/p>\n
JAKARTA (JP): Do you want to listen to the latest song by your
\nfavorite band but have no money to buy the cassette or CD? No
\nproblem. Just tune in a radio station, request the song, and
\nyou'll have it for free.<\/p>\n
Radio stations spend lots of money on cassettes and CDs, but
\ndid you also know they pay the artists? Not only radio stations,
\nbut also television stations, hotels, restaurants, pubs, discos,
\nand other profit-making enterprises which use music for
\ncommercial purposes.<\/p>\n
The history of collecting royalties for musicians in Indonesia
\ndates back to 1990, when the Indonesian Creative Foundation, or
\nYayasan Karya Cipta Indonesia (YKCI), was established. The
\nfoundation uses an international system, which covers performing
\nrights and mechanical rights.<\/p>\n
It started by collecting for performing rights -- the right of
\na composer to receive a royalty from anyone who performs his or
\nher song for commercial purposes by singing it or playing a
\nrecording of the song in public.<\/p>\n
To monitor and measure the royalty amounts, YKCI applies two
\nmethods.<\/p>\n
\"First is what we call 'census' -- our effort to monitor the
\nsongs played on the radio and television. Second is sampling,\"
\nexplained Chandra Darusman, a noted jazz musician and YKCI's
\ngeneral manager.<\/p>\n
With sampling, YKCI compares their own findings to a report
\nfrom users. \"If their reports are close to ours, we'll use it as
\nour data.<\/p>\n
\"It's impossible to be accurate -- it would cost a fortune --
\nbut we try to reach an estimate by, for instance, giving the
\ncomposers a kind of compensation for certain conditions.\"<\/p>\n
YKCI focuses on Jakarta, Denpasar, Manado, Ujungpandang,
\nPalembang, Bandung and Jayapura. \"The smaller cities have to wait
\nsince their understanding of copyrights is still low. We cannot
\nforce them if they still don't fully comprehend the idea,\" he
\nsaid.<\/p>\n
YKCI based its royalty rate on an international standard that
\nhas been modified to local conditions. It covers songs by foreign
\nand local artists used by Indonesian companies.<\/p>\n
In 1992, only 20 percent of Indonesian music users paid
\nroyalties. The figure rose to 50 percent in 1993, and almost 70
\npercent last year. The foundation collected Rp 400 million in
\n1991. In 1995, the foundation distributed Rp 1.6 billion in
\nroyalties for 1994 to nearly 1 million local and international
\nmusic composers.<\/p>\n
YKCI has 29 employees and has collected almost Rp 2.8 billion
\nin royalties for 1996, which will be distributed on Wednesday.<\/p>\n
\"Rp 2.6 billion came from performing rights, and the rest from
\nmechanical rights,\" Chandra said.<\/p>\n
A mechanical right is the right of a composer to receive
\nroyalties from the reproduction of his or her songs in the form
\nof cassettes, compact discs, laser discs, mini discs, CD-ROMS,
\netc.<\/p>\n
Chandra said it is hardest to collect mechanical rights due to
\nhindrances stemming mostly from the industry itself.<\/p>\n
\"It'll take another three or four years to restructure the
\nIndonesian music industry in order to fully prepare them.<\/p>\n
\"Since we deal with the existing structure, which has been
\nthere for years, it's kind of hard to apply this international
\nsystem,\" said Chandra, who graduated with an economics degree
\nfrom the University of Indonesia.<\/p>\n
'Flat system'<\/p>\n
Artists usually get paid under a \"flat system\" -- a lump sum
\npayment.<\/p>\n
\"In this system, they probably get a big, one-time advance,
\nyet they lose the opportunity to gain higher earnings from
\nroyalties if an album is a hit.<\/p>\n
\"We also try to recognize the problem from the producer's
\nside, for instance, by setting up a fair method to measure the
\nmechanical right through accurate cassette returns. Sometimes the
\nproducers take back unsold cassettes after releasing them, even
\nif they have already paid the composers an amount in advance.\"<\/p>\n
YKCI sits down with ASIRI (Indonesian Producers Association)
\non regular basis to discuss problems in the industry. \"We also
\nhave a close relationship with PAPPRI (Organization of Indonesian
\nRecording Artists, Arrangers and Composers) to increase the
\nartist's understanding of the system.\"<\/p>\n
Ideally, PAPPRI acts as the organization which educates and
\nimproves the artist's professionalism, while YKCI plays the role
\nof guardian monitoring the artist's copyright rights.<\/p>\n
Indonesia passed its Copyright Act in 1982 and updated it in
\n1987. Under the law, violators are subject to a maximum of seven
\nyears in prison and a fine of Rp 100 million (US$41,600).<\/p>\n
\"The law is usually a step behind the industry, so it always
\nneeds adjustment, like we did in 1987.\"<\/p>\n
One of the international instruments that provides a
\nprotection of intellectual property rights is the Bern
\nConvention. Indonesia signed it in 1958 but then resigned from
\nthe convention. Chandra said the government should re-sign the
\nconvention, which requires its members to pay mechanical rights
\nto artists.<\/p>\n
Chandra vowed that YKCI would continue to struggle for
\nartists' rights. In the future, it will not only cover
\ncopyrights in the music industry, but also books, paintings and
\ndances. \"We'd like to protect the copyrights of artists in every
\nfield,\" he said.<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/ykci-works-for-copyright-protection-remuneration-1447893297",
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