The Minister of Law and Human Rights of the Republic of Indonesia, Yasonna Laoly, has officially ratified the Minister of Law and Human Rights Regulation (Permenkumham) Number 15 of 2024 concerning Management of Royalties for Secondary Use Licenses for the Copyright of Books and/or Other Written Works.
What is meant by Secondary Use for Book Copyright and/or other Written Works are all activities as follows:
- printing;
- photocopy;
- scanning;
- screenshot;
- internet downloading;
- emailing;
- posting/uploading;
- storing;
- sharing;
- read aloud in a form of video and/or audio;
- live performing; or
- web scraping.
This regulation, published on June 12, 2024, is expected to increase income for book creators and publishers in Indonesia. It also regulates who receives, pays, and distributes royalties for books and other written works.
More specifically, this Regulation describes the following provisions:
- Royalty Recipient
Creator of books and/or other written works who has become a member of the Collective Management Organization (LMK) in the field of books and/or other written works. - Royalty Payer
Secondary Users include:
- education units;
- colleges;
- educational institutions;
- research institutions;
- ministries/institutions/regional governments;
- private businesses that carry out document duplication activities;
- photocopying service business;
- electronic system administrator;
- broadcasting institutions;
- artificial intelligence (AI) developer;
- other Secondary Users in accordance with statutory provisions.
- Imposition of Royalties
The amount of Royalty for Secondary Use of Book Creations and/or Other Written Works is determined by LMK in the field of Books and/or Other Written Works, the amount of which is stated in a mutual agreement stipulated in a written agreement between LMK and Secondary Users, and ratified by the Minister.
Secondary Use rates for educational units, universities, educational institutions, and micro and small businesses can be adjusted by submitting an application letter to LMK with supporting evidence.
- Royalty Distribution
Royalties that LMK has withdrawn will be collected and distributed only to Creators of books and/or other written works who have become members of the LMK, and this is done at least 1 (one) time in 1 (one) year. - The Indonesian Publishers Association (IKAPI) acts as LMK
Currently, IKAPI has been designated as the first LMK in this field, and a supervisory team formed by the Minister of Law and Human Rights will monitor its performance and finances. - Requirements to Become an LMK
The Ministry of Law and Human Rights is still accepting applications for operational permits as LMK in the field of Books and/or other Written Works with the following requirements:
- in the form of a non-profit Indonesian legal entity;
- obtain authority from the Creator and/or Copyright Holder to collect, gather, and distribute Royalties;
- have authorized persons as members of at least 200 (two hundred) people who represent the interests of the Creator and/or Copyright Holder;
- aims to collect, gather, and distribute Royalties;
- able to collect, gather, and distribute Royalties to Creators and/or Copyright Holders;
- member of the LMK federation organization in the field of books and/or other written works of international reproduction; And
- have bilateral/reciprocal agreements with LMK in the field of Books and/or other similar written works in at least 5 (five) countries, government of a country’s particular administrative region and/or certain entities.
With the existence of Minister of Law and Human Rights Regulation Number 15 of 2024, it is hoped that the welfare of authors of books and/or other written works can increase, as well as encouraging the spirit of creativity and the creation of quality works in Indonesia.
Should you have further questions regarding Royalty Management for Secondary Use Licenses for Book Copyrights and/or Other Written Works in Indonesia, please do not hesitate to email us at [email protected].
Source:
