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)