Thu, 01 Sep 1994

YKCI may sue 3 entertainment firms

JAKARTA (JP): The Indonesia Creative Arts Foundation (YKCI) is considering suing three businessmen in the entertainment industry because they are refusing to pay royalties for the music they use for commercial purposes.

Candra Darusman disclosed the plan to reporters prior to the foundation's meeting with the businessmen, government officials and members of the House of Representatives at Kartika Chandra Hotel yesterday.

Candra is general manager of YKCI, a foundation which collects royalties from consumers.

The three businessmen are the owners of Monggo Mas, Sunset and Grand Super Discotheque entertainment centers in Jakarta.

"We have been approaching them for three years but they failed to respond," said Candra, who is also a prominent composer, songwriter and jazz musician.

He said the businessmen have violated the law on copyrights, issued in l982 and up-dated in l987. Under the existing copyright law, the three businessmen are facing a maximum of Rp 100 million (about US$47,000) in fines or two to seven years in prison.

Refusal

Ariyanto of City Police Headquarters said the foundation reported the case last May. Since then, the businessmen have been summoned for several times but have refused to answer.

"We will use force if necessary, although we prefer to negotiate with them," Ariyanto explained.

The police, he added, could confiscate all instruments, including tape recorders, cassettes, and sound-systems used in their businesses.

The businessmen have allegedly violated the copyright law by playing music and songs for commercial purposes without obtaining permission from their composers. Such violations are considered a form of "piracy".

Although the law was issued seven years ago, a large number of entertainment business circles still ignore it.

To protect the composers from these harmful businesses, a number of local musicians, song composers and law experts established the foundation in l990. It serves as a non-profit mediator between composers, both local and foreign, and those who use their music for commercial purposes.

The foundation targets any profit-making enterprises which use music as part of their products, including radio stations, television stations, hotels, restaurants, pubs, discos, theaters, etc.

Musician Enteng Tanamal, one of YKCI's founders, said the foundation has paid royalties to several composers and their beneficiaries so far, including the heirs of the late Ismail Marzuki and Arianto.

Enteng said the royalties the foundation collects have continued to increase sharply every year. The foundation's income in Jakarta alone increased from only Rp 400 million in l991 to Rp 1.1 billion last year.

"We will work very hard to collect more royalties and to develop awareness in the entertainment community of the need to pay royalties," Candra said. (raw)