Indonesia still haven for copyright piracy

Indonesia still haven for copyright piracy

Onstage our local musicians appear joyful and glamorous, but look deeper and you will uncover the melancholy story of a lack of protection of intellectual property rights -- an issue many people do not fully grasp. The Jakarta Post goes backstage to explore the issue. More stories on Page 3 and Page 9.

JAKARTA (JP): Music offers money, fame and glamor to those involved in the fast-growing industry.

It has developed from a part-time hobby into a sophisticated, global and profitable industry involving multibillion dollar business deals worldwide.

Indonesia is no exception. The country's music industry reaps an average of Rp 400 billion (US$56 million) in revenue annually, with the sale of seven million cassettes and compact discs each month.

Not bad for an economically troubled country like Indonesia, even though these numbers benefit only a small number of the country's 200 million people.

Ironically, the music industry is proving to be another headache for President Abdurrahman Wahid and his administration. To a larger extent, the music industry may also disturb the nation's interest on an international level.

One of the prime reasons for this is that international donor countries, including the United States and some European nations, have accused Indonesia of failing to adequately deal with violations of intellectual property rights.

Indonesia is a member country of both the World Intellectual Property Organization and the World Trade Organization.

These organizations demand the establishment of an adequate legal system for the effective protection of intellectual property rights in line with the principal norms and standards set by existing conventions.

The local music industry could be made an entry point to push the Indonesian government to abide by international conventions to protect the intellectual property rights of goods and artistic and literary products sold in Indonesia.

The piracy of audio music products is among the numerous intellectual property rights violations that should be immediately resolved by the Indonesian government if it wishes to procure international support to help revive its troubled economy.

Indonesia is among several Asian countries, including China, Taiwan and Hong Kong, which are considered havens for counterfeit audio, video and software products.

Pirated audio cassettes are freely sold at local shops for between Rp 4,500 and Rp 12,000, while pirated audio CDs are available for between Rp 5,000 and Rp 15,000 across the capital. An original cassette costs between Rp 12,000 and Rp 20,000, while an original local CD goes for between Rp 35,000 and Rp 50,000.

The Glodok electronics market, the Mangga Dua and Tanah Abang wholesale markets, Blok M Mall in South Jakarta and hundreds of vendors around the capital offer pirated products.

"In these difficult times, people like me are glad to buy these cheap cassettes. We can no longer afford to buy original copies of our favorite albums," said Wongso, a civil servant.

There are pirated CDs and cassettes containing hit songs by foreign artists like Celine Dion, Mariah Carey, the Spice Girls, Ricky Martin, Boyzone and Oasis, and even pirated copies of old albums by the likes of the Beatles, the Rolling Stones, the Eagles and Deep Purple. Local albums are also pirated, including works by Nicky Astria, Bimbo, KLA Project, AB Three, Iwan Fals and the more contemporary Sheila On 7.

The National Police Criminal Investigation Directorate and the city government have confiscated millions of pirated audio products, but it seems there is no end to the racket.

The l987 Law on Copyrights carries a maximum penalty of seven years imprisonment and/or a Rp 100 million fine for copyright violations.

"So far the defendants (in these cases) receive lenient sentences, mostly probation," lawyer George Widjojo said.

Piracy upsets people involved in both the local and international music industry, as well as foreign governments.

According to the International Federation of the Phonographic Industry, a London-based body promoting and defending the rights of music producers internationally, counterfeiting was a more than $5 billion business in l996.

It was reported that globally, one in every three music records was a pirated copy.

Indonesia also suffers large losses because of piracy. Nine percent of the recording industry's Rp 400 billion in revenue goes to the illegal music trade.

Global

Piracy is a global problem. It stretches from Asia, Africa, Europe, Australia to the United States. Links between audio piracy, smuggling, drugs and illegal firearms have also been uncovered in some countries.

Indonesia is considered among the worst countries in terms of piracy. The only way to deal with this problem is by enforcing the laws protecting intellectual property rights.

Yet the government continues to find excuses for failing to enforce these laws, blaming a lack infrastructure, funds and properly trained human resources.

The director general of intellectual property rights, A. Zen Umar Purba, said last month the Indonesian government had informed the World Trade Organization it would not be able to comply with the Trade Related Aspects of Intellectual Property Rights (TRIPs) by Jan. 1, 2000, as it committed to in l995.

He said Indonesia needed more time to build a strong base of understanding among the public and related parties. "Intellectual property rights appear to most people as a highly sophisticated concept."

Sadly, most government officials, those in the legal profession and people in the music industry know very little, at the most, about intellectual property rights.

Singer Norma Yunita said Indonesian musicians and producers must learn about intellectual property rights, especially if they wanted to go global.

Norma is one of the Indonesian musicians who performed at the Marche Internationale du Disque et l'Edition Musicale 2000 in Cannes, France, last week. This prestigious event promotes intellectual property rights in the music industry.

"Any country which wants to participate in such an international music event must adhere to international conventions on intellectual property rights," she said before departing for Cannes on Jan. 20.

The question is what can the government and the local music industry do to create the right conditions to boost the music business?

The government is currently revising three laws regarding copyrights, patents and trademarks to comply with the TRIPs agreement. The laws were passed in 1997 to replace the 1987 copyright law, the 1989 copyright law on patents and the 1992 law on trademarks.

"The three laws, however, have never been put into effect. Before they are implemented, the government has decided to revise them," George Widjojo said.

The government is still working on the revisions, saying the laws would be adjusted to meet the standards set in the TRIPs agreement.

Meanwhile, local efforts to promote the protection of intellectual property rights have been made by organizations like the Indonesian Creative Act Foundation, the Indonesian Intellectual Property Rights Society and the newly established Society Against Piracy and Pornography.

These organizations have vowed to raise people's awareness and understanding of the importance of the effective protection and enforcement of intellectual property rights.

Efforts to increase musicians and producers' understanding of intellectual property rights must also be made by the Association of Indonesian Music Recording Companies and the Organization of Indonesian Recording Artists.

If the government, law enforcers and these organizations work earnestly, there should no longer be any excuses for delaying the protection of intellectual property rights for the good of Indonesia and its musicians. (raw/sim/icn)