October 2, 2024

Timeout Ep. 5: Unpacking Indonesia’s Music Copyrights Landscape Beyond Song Creation

Jakarta, 1 October 2024 – For many musicians in Indonesia, a successful work does not necessarily translate into financial gain. This is often the direct consequence of musicians’ limited understanding of the country’s legal practices surrounding music copyrights protection. It is a concerning fact, considering that many rely on royalties as their main or even sole source of income.

Ironically, the income generated from music royalties has continued to show significant growth. The National Collective Management Institute (LMKN) recorded a rise in royalty collections over the past three years, from IDR 19.9 billion in 2021, IDR 35 billion in 2022, to IDR 55.2 billion in 2024. Unfortunately, this increase does not seem to align with local musicians’ capacity to navigate the complexities of copyright protection for their work.

Highlighting the theme “From Tunes to Rights: Understanding Our Music Copyright Ecosystem,” Timeout Episode 5 focused on unpacking the issues surrounding music copyright protection in Indonesia. Held in Jakarta on Monday (30/09), the event featured a lineup of inspiring speakers with diverse perspectives.

Panji Prasetyo is a lawyer from the Legal Directorate of the Indonesian Musicians’ Union Federation (FESMI). Marcell Siahaan is a musician who also serves as a commissioner of the National Collective Management Institute (LMKN). Meanwhile, Mentari Novel is a newcomer singer and songwriter. The discussion itself was moderated by Endah Widiastuti from the musical duo Endah N Rhesa.

The discussion view of Timeout! Episode 5 From Tunes to Rights: Understanding Our Music Copyright Ecosystem. From left to right: Endah Widiastuti (moderator), Panji Prasetyo, Mentari Novel, and Marcell Siahaan. ©ACE-YS 22024/Gani Amin

Panji Prasetyo drew from his experience as a legal expert and practitioner in music copyright. He observed how many local musicians fail to fully grasp that copyright is more than just about royalties from songwriting. 

“Besides economic rights, there are moral rights, mechanical rights from song duplication, and also performing rights,” Panji said, adding that each type of right has its own protection procedures and legal implications.

Meanwhile, as an emerging musician and songwriter, Mentari Novel reflected on her personal experience navigating the complexities of music copyright dynamics in Indonesia.

“As a songwriter, I once had an experience where my work was used as a movie soundtrack without receiving any credit. At that time, I only thought about how the moral credit would be given, not realizing that economic credit was equally important. Similarly, when releasing an album, I often felt confused about how to choose a publisher, marketing techniques, and so on,” she explained.

Summary of music ecosystem diagram by ACE-YS, derived from full data by Team Ekraf 2013. ©2024 ACE-YS/Beatrice Deviana

Endah Widiastuti, who is a fellow musician, added that the music ecosystem involves many stakeholders. Beyond musicians, there are artist producers, publishers (also known as song producers), and many others. Each plays a significant role in determining the copyright details of a piece of work.

“As musicians, we must be willing to learn all of this,” Endah stated. Her statement was echoed by Marcell Siahaan.

“As musicians, we need to demand returns from publishers. We need to know the best deals that can maximize the display of our songs. We need to understand the applicable regulations, from procurement rights to broadcasting rights. The most challenging aspect of discussing copyright is the issue of itikad baik (goodwill),” Marcell added.

Unfortunately, the so-called itikad baik or goodwill is often overlooked in the industry, oftentimes leading to complex legal conflict. Panji Prasetyo emphasized the importance of musicians maintaining control over their creations.

“Creators must have control over their own works and shouldn’t allow their songs to be ‘held hostage’ by publishers. Copyrights are recorded in the Intellectual Property (HAKI) database, but if there’s prior evidence predating the registration, the copyright can be revoked. That’s why musicians should make it a habit to document everything, from mapping contributors to agreeing on percentage shares, to anticipate re-documentation.”

Panji Prasetyo, lawyer, the Legal Directorate of the Indonesian Musicians’ Union Federation (FESMI)

In the Q&A session, the forty selected participants from various backgrounds were invited to share their questions and opinions. Sifra Abigail, a music business student, asked how local musicians can ensure they receive fair royalties.

Sifra Abigail, one of Timeout! Ep.5 participants asked about the gap of royalty distribution in Indonesia compared to neighboring countries. ©2024 ACE-YS/Gani Amin

Sifra observed that royalty distribution policies in Indonesia lag significantly behind those in neighboring countries like Malaysia. Several other participants also raised interesting questions regarding copyright protection practices and the challenges they face in different contexts.

By the end of the discussion, both the speakers and participants reached a common conclusion. There is a need for a copyright ecosystem that gives musicians full control. At the same time, it needs to empower creative individuals to support each other while securing the best facilities and rights.

Timeout! itself is designed as a platform for creative young people to take a break, exchange ideas, expand their social networks, and explore various perspectives with industry experts and practitioners. In previous episodes, Timeout! has covered topics such as artificial intelligence (AI), gaming, intellectual property rights, genre diversity in the local film industry, and the economic and social impacts of the creative industry.

Speakers & participants taking photos together at the end of Timeout! Episode 5. ©ACE-YS 2024/Gani Amin

Writer: Ramos M.Y. Siahaan
Editor: K. Langit Rinesti

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