Copyright Protection in the Digital Era: Safeguarding Intellectual Property Rights in User-Generated Content Platforms

“When all your money is tied up in social media.”

This showcases how technology allows us to easily make money through various social media platforms as a content creators. Content creators have the opportunity to monetize their creativity by featuring brands or campaigns into their posts, showcasing their talents and reaching a wider audience. This also includes how digital media can impact copyright and the form of work/creation, particularly User-Generated Content (UGC – video containing copyright material shared on digital media platforms). Nowadays, the utilization of digital service platforms allows authors and/or copyright holders to have more opportunities to exercise their economic rights over their copyrights.

Based on Law No. 28 of 2014 on Copyrights (“Copyright Law”), copyrights consist of two rights:

1. Moral Rights, refer to the rights of the author/creator to be identified as the author/creator of his/her creation.

2. Economic Rights, refer to the rights of the author/creator and/or the copyright holder to reproduce, transform, or distribute and gain economic benefits from the copyright.

The rise in popularity of UGC has brought a new challenge in protecting intellectual property in this digital era, and the Copyright Law needs to be reinforced to accommodate the issue of copyright infringement in digital service platforms.

Expanding Interpretation of Copyright Law

A significant development in this legal landscape is the recent decision by the Indonesian Constitutional Court (Mahkamah Konstitusi) to broaden the interpretation of Article 10 of the Copyright Law, which previously restricted the manager of business premises to sale and/or reproduce copyright material in the location under their management. The court's ruling makes it clear that UGC digital service platforms must protect the creators and copyright holders’ rights and their creations/works shared on their platforms. This interpretation holds UGC digital service platforms accountable for copyright infringement on their platforms.

Enforcement

The above ruling has a significant impact on the enforcement of Article 114 of the Copyright Law where the UGC digital service platform might be imposed with a severe penalty in form of criminal sanctions, if they fail to comply with Article 10 of the Copyright Law.

As electronic system provider under Law No. 11 of 2011 on Electronic Information and Transaction and Government Regulation No. 71 of 2019, digital service platforms are also responsible for preventing illegal content and its distribution within their platforms. Failure to comply with this obligation may lead to administrative sanctions, such as a warning letter, fines, temporary suspension, termination of access and/or removal from the list of registered electronic system provider.

Effective enforcement of copyright protection measures requires collaborative efforts among governmental authorities, including the Directorate General of Intellectual Property (DGIP) and the Ministry of Communication and Information Technology. By synergizing their expertise and resources, these agencies can ensure the effective implementation of copyright laws and uphold the rights of creators and copyright holders in the digital sphere.

Protective Measures by Platforms

To mitigate the risk of copyright infringement by its users, the UGC digital service platform must adopt proactive measures. This includes active content monitoring mechanisms to promptly identify and remove any content that infringes upon the rights of the creator or copyright holders. By assuming responsibility for maintaining a copyright-compliant environment, platforms can foster a culture of respect for intellectual property rights among users.

By: Harri Hazwar and Ataya Felicya

DISCLAIMER:

This material is prepared for general information purposes only. It is not intended to give legal or any other professional advice, opinion or recommendation and, accordingly, it should not be relied upon. Specific legal advice should be sought before taking any action based on the contents in this material. Please contact us if you need any assistance regarding this matter.