Friday, November 8, 2013
New Collective Rights Management Organisations rules in Indonesia
The Indonesian government will set up new rules for collective management organizations (CMOs) in the latest draft copyright bill which was submitted to Indonesia's Parliament a few months ago. The draft law contemplates the establishment of CMOs in Indonesia, but the draft also indicates that only one CMO per Copyright Work or Related Right is allowed.
In the music industry, there are various CMOs already operating. Many are not strictly speaking CMOs but associations. These include:
KCI (Karya Cipta Indonesia/Indonesia Copyrighted Works)
RMI (Royalti Musik Indonesia/Music Royalty Indonesia)
WAMI (Wahana Musik Indonesia/Indonesian Music Distribution)
PAMI (Persatuan Artis Melayu Indonsia/Association of Indonesian Malay Artists)
ASIRI (Asosiasi Industri Rekaman Indonesia/Association of Indonesian Recording Industry) ASPRINDO (Asosiasi Pengusaha Rekaman Indonesia/Association of Indonesian Recording Businesses)
PRISINDO (Performers’ Rights Society of Indonesia)
Most of these CMOs collect royalties based on powers of attorney from the Authors, Copyright Holders, or Owners of Related Rights who are members of their association. Since there are no specific rules to regulate collections, conflicts between these CMOs have been common with some disputes between them over collection rights even going to litigation.
After the new rules come in there will be a shakeout, and some of these organisations will no longer be permitted to collect royalties. The Copyright Office will be in for a difficult job working out who has the rights to collect from.