In the July issue of Asia IP, Somboon Earterasarun, director of Tilleke & Gibbins’ Jakarta office, was interviewed for his thoughts on exceptions to infringement under Indonesia’s new copyright law. His comments were included in the magazine’s special feature, “The Dissection of Indonesian Copyright Exceptions.”
Commenting on Article 48 of Indonesia’s new copyright law, which states that copying, broadcasting, or communication of a creation for informational purposes mentioning the sources and the creator with the complete name are not considered violations against the provisions of copyright, Somboon said that “its use is limited to certain types of copyright works, such as reports of actual events or scientific papers, which are too narrow for most user-generated content and hyper-linking.”
In addition, Article 43 (d), which aims to provide exceptions to copyright protection for reproduction and dissemination of copyright content through information technology, “was drafted so broadly that interpretation of the law is done on a case-by-case basis,” Somboon said. “For example, ‘commercially and/or beneficially’ can be interpreted to mean monetary and/or non-monetary,” he continued. “Whether or not such exceptions are fair or appropriate for those in the technology sector depends on how the law is interpreted by the court.”
Asia IP is a Hong Kong-based legal magazine which provides the latest in news covering intellectual property developments across the region. For more information, please visit the Asia IP website.
