Indonesian Copyright Law Reform &

Campaign on A2K

Indah SuksmaningsihYayasan Lembaga Konsumen Indonesia

YLKI(Indonesian Consumers Organization)

Topics

1. Study on Copyright Law of Indonesia to Improve Access to Knowledge and Information

2. Campaign Activities3. Recommendations

Copyright and Access to Knowledge

Copyright is a monopoly right given to the owner over certain works such as books, paintings, movies, songs, photographs, computer software, etc.

This monopoly right is limited by law in 4 ways:1. The type of works eligible 2. The bundle of rights granted 3. The duration of copyright protection4. The limitations and exceptions

International Copyright Treaties

National copyright laws are framed according to the international treaties the country has signed.

Indonesia is bound by all 3 treaties. Berne Convention 1886 Trade Related Aspects of Intellectual Property

Rights (TRIPS) 1994 WIPO Copyright Treaty (WCT) 1996

Law of Republic of Indonesia No. 19/2002 Regarding Copyright entered into force on 29July 2003

Balance in Copyright Law

Balance between rights of copyright owners and public right to access can be achieved in national copyright law by providing the minimum required by international treaties:

1. Not expanding the scope of copyright

2. Using all available limitations & exceptions

Balance in Copyright Law

1. Scope of copyright:

Protect only works required to be protected

Confer only rights required to be conferred

Keep duration of copyright protection to minimum

Article on Scope of Rights National Law Proposed Amendment

Article 2(2):

An Author and/or a Copyright Holder of a cinematographic work and computer program shall have the right to give permission or to prevent any other person whom without his/her approval rents out the work concerned for commercial

An Author and/or a Copyright Holder of a cinematographic work and computer program shall have the right to give permission or to prevent any other person whom without his/her approval rents out the work concerned for commercial purposes, provided that:

for a cinematographic work, such rental has led to widespread copying which materially impairs the exclusive right of reproduction of the Author and/or the Copyright Holder;

for a computer program, the program itself is the essential object of the rental.[1]

[1] Adapted from Article 11 TRIPS Agreement

The right to control commercial rental is qualified under the international copyright instruments. This amendment reflects such qualifications.

Copyright Law in Indonesia Provides the Following:

Article 16 - government can grant compulsory licence for translation of foreign language books or reproduction of books without permission of copyright owner under certain conditions.So far no such licence has been granted in Indonesia.

Article on Compulsory Licensing So far no such licence has been granted in Indonesia.

National Law Proposed Amendment

For the interest of education, science and research and development activities, upon a work in the field of science and literature, the Minister, after hearing the considerations of the Copyright Council may:

a. obligate the Copyright Holder to himself carry out the translation and/or reproduction of such work in the territory of the Republic of Indonesia within a stipulated period of time;

b. b. …etc.

For the interests of education, science, and research and development activities, upon a work in the field of science and literature, the Minister, after hearing the considerations of the Copyright Council may:

a. obligate the Copyright Holder to himself carry out the translation and/or reproduction and/or subsequent publication of the translation or the reproduction of such work in the territory of the Republic of Indonesia within a stipulated period of time;

b. b. …etc.

The amendment extends the compulsory license to the subsequent publication of the translated and/or reproduced work. This is expressly provided for in the Appendix to Berne Convention

2. Limitations and exceptions:

Balance in Copyright Law

Copyright law in Indonesia provides the following:1. Article 15a - allows use of work for education,

research, scientific thesis, report writing and criticising or reviewing so long as sources cited and does not prejudice interest of author

2. Article 15c - allows lecturers to excerpt a work in whole or in part for the purpose of education and science

3. Article 15d - allows non-commercial reproduction of scientific, artistic and literary work in Braille for the blind

4. Article 15e- allows limited reproduction of work other than computer program by public library, scientific or educational institution for their activities

Article on Education for the BlindNational Law Proposed Amendment

Article 15 (d)

reproduction of a scientific, artistic and literary work in Braille for the purpose of the blind, unless such reproduction is of a commercial

purpose;

Notwithstanding Article 2, the following shall not be deemed as copyright infringement reproduction for the blind

• the reproduction of a Work, in whole or in part, and in any formats accessible by the blind or person with print disability, by or on behalf of, a body administrating an institution assisting the blind or persons with print disability, provided that the reproduction is solely for the purpose of the blind or persons with print disability and not for commercial gain.

• the communication of the Work reproduced in any formats referred to above, by or on behalf of an institution assisting the blind or persons with print disability, provided that the communication is solely to the community of the blind or persons with print disability and not for commercial purpose.

allow reproduction of a work for the blind in any format (not restricted to only Braille). Also allow the communication of the work produced in such format to the blind community

Expansion of duration for protection:

Increased by at least 400% since England’s Statute of Anne, (1709) and the US Copyright Act (1790) - which provided for 14 years, with extension for further 14 years.

Berne Convention initially started with life of author plus 7 years. In 1908, extended to life of author plus 50 years. TRIPS and WCT provide the same.

US and EU have extended in national laws to life of author plus 70 years. Being extended to the rest of the world through bilateral trade agreements e.g. US-Thai FTA.

Copy Right Law of IndonesiaCopy Right Law of IndonesiaLaw No. 19/2002Law No. 19/2002

Though many limitations and exceptions and instruments for better access to knowledge (compulsory licensing) already exist in Indonesia’s copyright law, they are not being used by the government, public and educational institutions. Public awareness is extremely low.

Cost of Educational Materials

Indonesia USA

Retail Price

% GDPRetail Price

%GDP

International Accounting (5th Edition) by Frederick D.S. Choi, Gary K Meek

27.01 2.78% 146.67 0.39% 7

Financial Management: Principles and Applications (10th Edition) by Arthur Keown, John Martin, John Petty, David Scott

26.06 2.69% 135.33 0.36% 7

Fundamentals of Financial Management (12th Edition) by James Van Horne, John Wachowicz

34.91 3.60% 104.00 0.28% 13

Goodman & Gilman’s The Pharmacological Basis of Therapeutics (10th Edition) by Joel Griffith Hardman, Lee E. Limbird, Alfred G. Gilman

81.70 8.42% 139.00 0.37% 23

Materials Science and Engineering: An Introduction (6th Edition) by William D. Callister, Jr.

36.98 3.81% 128.95 0.34% 11

A2K Campaigns Activities

1. YLKI and The Ministry of Communication and Information, Directorate of Community and Empowerment on ICT. Co-organized a Workshop

2. YLKI and Coalition of NGOs working on education issue. Workshop and Meeitng on advocacy activities

3. YLKI and Coalition conducting ’Collective Consumers Compalint Handling on Education

1. Workshop with the Goverment

• Goal : Primarily as an awareness raising program on the Copy Rights and Access to knowledge.

• Title of the workshop: Identification of obstacles and its solutions

on Access and Knowlegde for the Empowerment of Community in the use of Technology of Information and Communication (ICT)

Lists of Speakers and Lists of

Participants (attached)

2. Workshop with The NGOs• Goals :1. Sharing of Research Findings

Copyrights and A2K2. Indentify advocacy activities that can

be conducted collectively to improve access to knowledge.

• Using the momentum of the ‘coming year new academic year’ (July and August) 2006.

• Participants : 11 NGOs (Coalition For Better Education)

List of Activities• Philoshopy of National Education :• “Education for All • 1. School Fee• 2. Texbook and workbooks:• Available on website for free down load.• Use flexibilities available in national copyright

law , Copy right reform, Remove taxeds on education material.

• School Feeding Program, School Uniform, School Transport

• Action Plan : Expand Coalition for Education, Mapping of available data on enrollment and drop-out by age and gender etc

3. Collective Consumers Complaint Handling on

Education • Involved all NGOs in Coalition• Education Complaint Month• Pre Operational :• A. Meeting the Coalition, Adopting Agenda• Peer NGOs Breifing• Media Briefing and Clinic –Press Conference –

Launch of the Program• Creative Development : Above the line: Radio,

TV talkshow and Print Articles and Below the line : Posters, Brochures, Banner, Website

• Conduct : Provider, Consumers, Government, Parliament, and Media Dialog. After receiving all complaint from the Consumers.

Next Campaign Activity

1. Comparative Testing on Education Services among Governors– Provide Comparison on how the

Governors Provide the budget allocation– And the mapping of students in the

region

2. Provide an academic paper on the compulsory licensing to put pressure to the Government

Alternatives for Indonesia

Indonesia should expand access to knowledge by:

Making access to information and knowledge a national policy (Reform of Copyright Law)

Fighting corruption in education sector.Expanding depository librariesForming consortium of libraries purchasing

collectively and sharing resources

Alternatives for Indonesia

Encouraging public to access open archives/free journals

Promoting open source software

Regulating book pricing by publishers and retailers

Reviewing government policies on taxes for production and importation of educational materials

Punishing anti-competitive practices of book distributors, publishers, retailers

Reform of Indonesian Copyright Law

Make full use of compulsory licensing instrument Expand limitations and exceptions to include all

educational activities such as libraries, handicapped community, distance education.

Allow teachers and educational institutions to make as many copies of teaching materials as necessary.

Allow free use of copyrights works in educational broadcasts.

Provide reservation of performing, recitation, broadcasting, recording and cinematograhic rights of copyright owners for educational purposes.

Thank You