Composers get Idul Fitri gift -- royalties
Composers get Idul Fitri gift -- royalties
By Rita A. Widiadana
JAKARTA (JP): Hundreds of local music composers have just received a special Idul Fitri bonus -- royalties for their creations.
The word "royalty" is relatively new to the ears of many Indonesians. Composers used to ignore their right to make a profit from their work and Indonesian music producers and consumers till don't appreciate copyright law.
In the last four years, local music composers registered with the Indonesian Creative Acts Foundation (YKCI) have started receiving annual royalties. The foundation also acts as representative for agencies of foreign composers such as BMI, ASCAP in the United States, PUS in the United Kingdom, JASRAC in Japan and BUMA in The Netherlands.
This year, the foundation distributed Rp. 1.6 billion in royalties for 1994 to about 1 million local and international music composers.
"It's high time that Indonesians respected the work of both local and foreign composers," stressed Candra Darusman, the general manager of the foundation.
The heir to the late music composer A. Riyanto received the largest stipend of Rp 6 million for 1994. Other composers who pulled in large royalties were Titiek Puspa, Sam Bimbo, Rinto Harahap, Papa T. Bob and young jazz musician Indra Lesmana.
Candra, also a composer and jazz musician, explained that the distribution of royalties is primarily aimed at improving the image of Indonesia on the international music scene.
Indonesia, he said, was regarded as a violator of music and film copyright laws. Recent reports reveal that Indonesia, one of the Asia-Pacific's fast-emerging economies, is on the United States' "watch list" of trading partners for alleged deficiencies in the protection and enforcement of computer software patents.
The foundation was established in June 1990 by composers Enteng Tanamal, Candra Darusman, the late A. Riyanto, Titiek Puspa and Guruh Soekarno Putra. It aims to be a mediator between composers and the entertainment industry.
Candra explained that it is the foundation's duty to change Indonesian's perception of the rights of composers. It is also the foundation's duty to promote Indonesian music worldwide.
"If we want to go global, we first must follow the existing rules. This means we have to adhere to international copyright law," Candra maintained.
The foundation's initial step toward this goal is to make music users pay royalties to local composers.
The term music users refers to the entertainment industry, including television stations, radio stations, hotels, restaurants, pubs, disco, cafes and other profit-making enterprises which use music for commercial purposes.
In Jakarta alone, there are between 2,000 and 3,000 companies that use music as part of their product.
Lawyer Paul Hutabarat said every composer has three economic rights -- the right to realize profit from his creative work, a mechanical right and a performing right.
"If you buy a CD, the price includes mechanical rights for the composer, the right to duplicate a song," Hutabarat explained.
When the CD is played at a disco, pub, restaurant or hotel to entertain visitors, the owners are obliged to obtain special permission from the composer, otherwise they have violated the composer's performing right.
Enteng Tanamal commented that most businesses don't feel obligated to pay royalties.
"They actually rob the composers. Businesses are still reluctant to share their profits with composers whose songs they use frequently," Tanamal complained.
As a recognized representative of composers, the foundation holds the right to collect royalties for 19,000 local songs and 1 million foreign numbers.
"We act as debt collectors," Candra explained.
The foundation regularly monitors and records the activities of all music enterprises and determines the amount of royalties each has to pay.
"We don't blame the Indonesian businesses because they are ignorant of copyright issues," Candra pointed out.
He explained that many countries have applied copyright and intellectual property rights since the early l900s.
Indonesia passed its Copyright Act in 1982 and updated it in l987. The law stipulates that violators are subject to a maximum of seven years in prison and a fine of Rp 100 million (US$50,000).
The amount of royalties the foundation collects continues to increase. In l992, only 20 percent of Indonesian music users paid their dues. The figure rose to fifty percent in 1993. The foundation's income in Jakarta rose from Rp 400 million in l991 to over Rp.1.6 billion in l994.
Candra explained that television and radio stations pay the most.
The foundation has established branches in Bandung and Surabaya, but both are far from being operational.
Candra said that the foundation plans to deal with singers and authors, but Indonesia must first sign the Bern Convention.
When it does, copyright laws will cover local and foreign plays, broadcasts, videos, photographs, plastic art, architecture, maps and books.
"I'm optimistic that we're heading this way," Candra concluded.