Copyright Law Revision is Driven to Protect Creators without Inhibiting Creativity

JAKARTA - Creativity develops when people have space to express themselves, experiment, and create new works. In today's digital era, various forms of creativity emerge through social media, video platforms, journalistic works, to the use of artificial intelligence (AI) technology.

In this regard, regulations governing copyright are required to be able to provide protection for the creator of the work without hindering the birth of innovations and creative expressions that continue to develop.

In the midst of this digital landscape change, the discussion of revising the Copyright Law has again become a public concern. The government encourages this revision to strengthen protection for creators, adjust the rules to technological developments, improve royalty management, and provide legal certainty for various parties involved in the creative ecosystem.

However, a number of circles reminded that this goal must be accompanied by caution in drafting rules. Executive Director of LBH Pers, Mustafa Layong, assessed that the revision of the Copyright Law should not open up space for limiting creativity through excessive criminal approaches.

"This Copyright Law is not only a part of the protection of the creative ecosystem and copyright, but also has the potential to limit creativity itself through criminal regulations," he said.

This debate arises as there is still no clarity regarding a number of practices that are commonly carried out by the public in the digital space. Activities such as re-uploading content, making cover songs for social media, to producing reaction content still raise questions about its legal limits.

Not a few parties have questioned whether these practices can later be categorized as copyright infringement or even be subject to royalty payment obligations.

Similar concerns are also felt by small and medium-sized businesses (SMEs). The use of music in businesses, for example, is one issue that is considered to need to be regulated proportionately so as not to create excessive new burdens.

A number of parties reminded that too strict regulations have the potential to create over-regulation if it is not prepared through open public consultations and involving various stakeholders.

Meanwhile, a press observer and UGM Communication Science doctoral student, William, highlighted the importance of distinguishing journalistic works from other types of creative works in the discussion of the revision of the Copyright Law.

According to him, the characteristics of journalism have specificity that has been regulated through the legal framework of the press, so it needs to be considered carefully so as not to overlap regulations.

"Indonesia does not have a sufficiently detailed definition of the category of journalistic works that have special economic value. This is the issue that is rarely discussed. Journalistic works are different from songs, films, novels, or other works of art. This issue is actually closer to the Press Law than the Copyright Law," said William.

Discussion on artificial intelligence is also an integral part of the discussion on the revision of the Copyright Law. According to William, the development of AI technology is very fast and not necessarily all problems can be solved through the copyright law approach designed in a different context.

"These days, global AI companies can study, summarize, and process millions of news articles on an unprecedented scale. Instead of forcing the entire AI issue into a copyright regime designed decades ago, Indonesia can consider a more specific approach that is more in line with the characteristics of the current digital media industry," he said.

On the other hand, the Press Council emphasized the importance of maintaining a balance between copyright protection and the public's right to obtain information. One point that received attention was the strengthening of exceptions for non-commercial use, so that access to information for the purposes of education, research, and social activities is still guaranteed.

Deputy Chairman of the Press Council, Totok Suryanto, said that his party continued to coordinate with various ministries and agencies in the process of discussing the revision of the Copyright Law. According to him, this process is also an opportunity to strengthen the national press industry ecosystem.

"The Press Council continues to strive for press freedom, which is marked by a healthy and professional press life, to be realized," he said.

In the end, the revision of the Copyright Law not only talks about protection of works, but also about how to create a balance between the economic rights of creators, freedom of expression, access to information, and space for creativity to grow.

Clarity of rules, transparency of implementation, and public participation in the drafting process are important factors so that the regulations produced are able to answer the challenges of the times without causing legal uncertainty.

Through an inclusive and proportional approach, the revision of the Copyright Law is expected to strengthen Indonesia's creative ecosystem without hindering the development of creativity, UMKM activities, and freedom of expression in the digital space.