Indonesia has ratified the Beijing Treaty and the Marrakech Treaty, two multilateral copyright agreements. The Beijing Treaty covers audio-visual performances, especially reproduction, distribution, and rental of these copyright works. The Marrakech Treaty allows the reproduction and transfer of specially-adapted products to the visually or impaired (apparently over 3.5 million people in Indonesia) by establishing a set of limitations and exceptions to copyright law.

 

More specifically the Beijing Treaty protects performers by granting 4 rights: (i) the right of reproduction (direct or indirect) of the fixation of their audio-visual performance; (ii) the right of distribution of copies of the fixation of their audio-visual performance; (iii) the right commercial rental of copies to the public; and (iv) the right of making available to the public, which nowadays relates more to wireless (or wired) internet access including streaming and downloads.

There are also rights over unfixed live performances  - the right to broadcast, communicate to the public (apart from broadcasts, i.e. online), and the right of fixation. The Treaty also gives performers moral rights, including the right to be identified as the performer and the right to object to distortion, mutilation, or prejudicial modification. There are rules on transferring rights to producers, incorporation of the Three-Step Test for exceptions and limitations purposes well as remedies against the circumvention of technological measures (e.g. encryption) used by performers.

 

Indonesia has a vibrant creative economy and performers struggle to get fairly paid. Indonesia is the thirtieth country to ratify the Beijing Treaty, fulfilling the minimum requirement for it to come into force in April (despite the EU and the US not having agreed to it).

 

Both Treaties operate under the World Intellectual Property Organization (WIPO). Indonesia will therefore need to amend its copyright law to give effect to these.