STEPS TO IMPROVE COPYRIGHT PROTECTION IN SONGS

Background

Songs are works of creation that are protected by copyright. Basically, copyright is protected automatically based on the declarative principle. Or in other words, protection of the creation arises after the announcement of the creation is made without the need for registration. This is stated in Article 1 number 1 of Law Number 28 of 2014 on Copyright (“Law 28/2014”) which stipulates that copyright is the exclusive right of a creator that arises automatically based on the declarative principle after a creation is manifested in a tangible form.

Although copyright is automatically protected, there are a number of steps that can be taken by song composers, who are copyright holders, to increase the protection of their creations.

Registration

Registration of works of creation can be conducted to increase the quality and strength of proof related to the copyright owned by the copyright holder. Based on the provisions of the Regulation of the Minister of Law and Human Rights Number 42 of 2016 on Electronic Application Services for Intellectual Property (“Permenkumham 42/2016“), intellectual property registration applications can be conducted electronically.[1] The following are the stages for the application of electronic registration of musical intellectual property rights[2]:

 

1. Account Registration
   Account registration can be submitted through the website hakcipta.dgip.go.id.;
   
   
2. Select Digital Registration required Submission;
3. Fill out all the forms provided;
4. Upload the supporting data.The requirements of the attached uploaded data are as follows[3]:- For works in the form of music, attachments in the form of recorded music in MP3 format or musical notes/scores in 1 PDF file.
   – For works in the form of songs/music with text, attachments in the form of recorded songs in MP3 format or lyrics with musical notes in 1 PDF file.
   – For works in the form of arrangements, attachments in the form of recorded arrangements in MP3 format or lyrics (or without lyrics) with musical notes/scores in 1 PDF file.
5. Payment
   Once the documents are complete after examination by the Authorities, ion the Applicant will obtain a Billing Code through the Intellectual Property Information System which is valid for 3 (three) calendar days.[4] The applicant must then make a payment through an Authorised Bank or other Authorised payment system that uses the SIMPONI (Sistem Informasi Penerimaan Negara Bukan Pajak Online – Online Non-Tax State Revenue Information System);[5]
   
   
6. Formality Check;
7. Verification;
8. Creations Registration approved;
9. Certificate printing.

 

Management Organization

Based on Article 1 number 22 of Law 28/2014, the Collective Management Organization (“CMO”) is an organization in the form of a non-profit legal entity that is authorized by Creators, Copyright Holders, and/or Related Rights owners to manage their economic rights in the form of collecting and distributing royalty. Creators, copyright holders and related rights holders can join CMO to facilitate the management of their work’s economic rights. After giving the authority to CMO, CMO will withdraw, collect, and distribute royalties on behalf of the created works.

On March 30, 2021, President Jokowi has established Government Regulation No. 56 of 2021 concerning The Management of Song And/Or Music Copyright Royalties (“PP 56/2021”), Every Person who commercially uses songs and/or music in the form of commercial public services under the License agreement pays Royalties through CMO. CMO withdraws royalty from Persons who commercially use songs and/or music in the form of commercial public services to Creators, Copyright Holders, and Related Rights owners who have become members of an CMO.[6]

 

Copyright Protection on Digital Platforms or Social Media

Some social media platforms provide a means for copyright or related rights holders to protect their works.[7] For example, in Youtube platform, copyright owners can use a system called Content ID to easily identify and manage their content on YouTube. Videos uploaded to YouTube are scanned against a database of files that have been submitted to YouTube by content owners. Copyright owners must decide what to do if content in a video on YouTube matches their work. If a match is found, the video will get a Content ID claim. The copyright owner can choose a variety of actions against the material that matches his own content, i.e.[8]:

1. Block a whole video from being viewed.
2. Monetize the video by running ads against it; sometimes sharing revenue with the uploader.
3. Track the video’s viewership statistics.

In order for a work of creation to be protected through Content ID, creators, copyright or related rights holders, or their proxies must provide examples of work as YouTube references, proof of ownership of exclusive rights, and geographic location of exclusive ownership.^[9]

Apart from that, the Spotify platform also features copyright protection. Copyright holders can file a notification of alleged copyright infringement against material available on Spotify that is suspected of infringing the respective copyright. Spotify has a policy to terminate the account of users who repeat the violations.^[10]

These are the different avenues and steps that help improve copyright protection for songs and to allow composers and sonwriters to enjoy and protect the economic benefits of their creations and compositions. (HAL/TWK)

 

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[1] Article 3 paragraph (2) of Permenkumham 42/2016

[2] https://www.dgip.go.id/menu-utama/hak-cipta/syarat-prosedur, accessed on 2 March 2021

[3] Directorate General of Intellectual Property, Modul Kekayaan Intelektual Tingkat Dasar Bidang Hak Cipta, 2020, on page 42

[4] Article 5 paragraph (5) in conjunction with Article 6 paragraph (1) of Permenkumham 42/2016

[5] Article 7 of Permenkumham 42/2016

[6] Article 10 PP 56/2021

[7] Ibid, on page 58

[8]https://support.google.com/youtube/answer/2797370?hl=id#zippy=%2Copsi-apa-saja-yang-tersedia-bagi-pemilik-hak-cipta%2Csiapa-yang-dapat-menggunakan-content-id, accessed on 4 March 2021

[9] Ibid, on page 58

[10] https://www.spotify.com/id/legal/copyright-policy/, accessed on 4 March 2021