Rahmi Jened

Department of Private Law, Law Faculty, Universitas Airlangga, Dharmawangsa Dalam Selatan,

Surabaya 60286, Indonesia

Keywords: Copyright, Information, Intellectual Property, Digital, Technology.

Abstract: Nowadays convergence and development of information and communication technology, namely in the field

of digital information, has fundamentally altered pre-existing notions of Intellectual Property Rights (IPRs),

which traditionally are related to physical embodiment of ideas or intangible goods. Today’s digital

information poses enormous challenges to the conventional intellectual property law in general, and copyright

law in particular. In the era of digital information, there are needs for what is called the “information

management society”. This paper aims to analyze the characteristics of information management society and

to share some insights on the kinds of copyright protection that can be utilized to protect the existence or

implementation of an information management society.

1 INTRODUCTION

In 1945 John von Neveoance made the First Draft of

a Report on the Electronic Discrete Variable

Automatic Computer (EDVAC) containing the

information about electronic storage, which was one

of the pioneers of technology that now we know as

computer. Today, computer technology has made

such significant developments. The convergence of

information communication technology, such as

telephone, computer and internet, has made the

society pregnant with information. Today’s digital

environment has indeed fundamentally altered

preexisting notions of Intellectual Property Rights

(IPRs), confine as these traditionally are the physical

embodiment of ideas and intangible goods (Mc

Keough and Stewart, 1997).

The convergence between information and

communication technology establishes a society with

multifaceted information environment. It is not only

the largest but the most complex structure ever

created, in which not only a single entity that gets

involved. In theory, any piece of information can

move through the entire system, may it be the

telemetry of spacecraft, the detailed of banks

statement, or the harmless gossipy phone calls and in

theory, all this information, given the connection is

available, can be accessed at any point (Angus and

O’Shea, 1996). Such an information system needs

people to manage it. Thus, the births of information

management societies are inevitable. In relation to

that, this paper will discuss two matters:

a. What constitutes an information management

society?

b. What kinds of copyright protection that can be

utilized to protect an information management

society?

2 DISCUSSIONS

The history of information advancement started from

war industry that finally reached business.

Information technology initial development was in

1945 when electronic storage was created by John

von Neveoance. The technology is now known as

computer, which is “… a set of technology consisting

of hardware, software, and memory storage” (Angus

and O’Shea, 1996). In 1957, computer-powered space

shuttle Sputnik was launched as the establishment

stake of Department of Defence of the United States

of America and in 1964, computer technology was

combined further with telecommunication

technology invented by the Advanced Research

Project Agency (ARPA), which originally was the

idea of Paul Baran. Next in 1969, computer-based

communication network with 4 connection control

points (nodes) was developed and in 1972, the

communication network was developed into 37

Jened, R.

DOI: 10.5220/0010054900340043

In Proceedings of the International Law Conference (iN-LAC 2018) - Law, Technology and the Imperative of Change in the 21st Century, pages 34-43

ISBN: 978-989-758-482-4

connection control points (nodes) (Lloyd, 2003, pp.

23-24).

One of the greatest technology developments was

that of communication standards called Transmission

Control Protocol (TCP) or internet Protocol (IP). The

component of TCP is: “… responsible for converting

messages into streams of pockets”, while IP is: “…

responsible for addressing and routing the pockets to

their intended destination” (Lloyd, 2003, pp. 23-24).

Following these, in 1976, Apple Inc. was

established by Steve Jobs and Steve Wozniak,

(Rosenoer, 2000). In 1983, a US military project

named Advanced Research Project Agency Network

(ARPANET) was developed by adopting TCP/IP

Protocol technology (Lloyd, 2003). Later on, such

technology started to be able to be used by non-

military people by directly accessing to super

computer existing in universities and so, the network

expanded and ARPANET became INTERNET

(Purwadi, 2012). In 1991, a user-friendly navigation

tool named “Archie, Gopher, and Veronica” was

introduced and that was far different from the use of

computer and internet at that time. It required a quite

high level of engineering competence that it could

only be performed by academics. In the same year,

the National Science Foundation (NSF) that

developed internet infrastructure in US was

established, but was constrained by prohibition of the

use of internet. Following that, World Wide Web

(www) was introduced in 1992 by Tim Berner, a

physicist from the European Organization for Nuclear

Research (Organisation Europeenne pour la

Reserche Nucleaire/ CERN) (Lloyd, 2003).

Since then, various kinds of computer technology-

based and information-contented applications have

occurred, for example: in 2004 Mark Zuckerberg

created Facebook, inspired by a dating site Hot or

Not, in 2006 Skype was launched by Niklas

Zennstrom and Janus Friis and in 2009 Whatsapp was

founded by Brian Acton and Jan Koum (Purwadi,

2012).

These developments of technology, mainly in the

field of communication and information technology,

created an environment that needs to be organized

and needs people to organize them. Here is when the

significance of an information management society

comes forward. Further, since all these developments

of technology are the fixations, the manifestations of

intellectual creations, they cannot be separated from

intellectual property laws that exist to protect them.

In this specific case, information management

societies are also a part of subject matters that can

enjoy the benefits of intellectual property protection,

especially copyright.

2.1 Characteristics of an Information

Management Society

One method to describe characteristics is to derive

them from the definition of the term/ phrase itself. We

can analyze the features contained in the definition

and make a conclusion based on the analysis.

Using this method, analyzing the characteristics

of an information management society will have to

start with understanding the meaning of technology.

There are various definitions of technology, for

example, the United Nations Industrial Development

(UNIDO) defines technology as “…a composite of

techniques, constituted of craft skills (welding,

shopping, assembling} requiring primarily the

dexterity of hand and eye and conceptual skills

(knowledge and information), such as operating data,

design engineering, construction, production and

maintainance” (Drahos and Braithwaited, 2002, p.

48). According to Edwin Mansfield, a scholar of the

economics of technology, technology is: “… the

society pool of knowledge used regarding the

principles of physical and social phenomena…the

application of production” (Mansfield, 1979, p. 10),

while in a perspective, technology has almost the

same meaning with experiment (Boorstin, 1979,

p.viii).

Then, the meaning of information comes forward.

Fundamentally, it means knowledge that you get

about someone or something (Merriam-Webster,

2019). This is different from data, while data is

information it is information arranged in such a way

that is accurate and timely, specific and organized for

a purpose, and presented within a context that gives

it meaning and relevance and can lead to an

increasing understanding and decrease in uncertainty

(BusinessDictionary, 2019).

Today’s use of information technology, including

the internet network, holds a potential to create a new

hegemony because, deliberately exaggeratedly stated

here, the party controlling information can control the

world. It may sound hyperbolic but it is stated that

way to emphasize the importance that information

can hold over things and people. For instance, for a

company, information is its resources and tangible

asset, besides work force, money, materials and

energy. Information distinguishes itself from other

resources, because all other resources can be

calculated and measured quantifiably. While all

resources are a unity to be utilized well in the good

operation of a company, information is arguably the

most important and valuable resources that can

facilitate the duties of managers and prompt them to

act efficiently in order to produce profits for the

company.

Information technology reflected in internet

activities is usually called as digital technology or

multimedia. It has a diverse capability to convey in

many forms, such as in sounds, in images, in sounds

and images, and in other characters, besides the

content of information presented. Information can

also be categorized as a commodity that does not have

obsolescence and constitutes an expensive

commodity for the reason that implementing

information technology development in a form of

organization and management requires quite complex

knowledge and expertise (Makarim, 2007). That is

why information is recognized as a part of human

intellect creation and thus, is an intellectual property

commodity (Makarim, 2007).

The term “management” means the organization

of the activities of a business in order to achieve

defined objectives (BusinessDictionary, 2019).

According to Henri Fayol, there are five elements of

management, they are: planning (looking ahead,

creating plan of action, is said to be the most difficult

among the five elements), organization (good

operating system), command (clear orders and clear

working instructions), coordination (harmonized

communication) and control (making sure the

activities carried out according to plan) (Wood and

Wood, 2002) (Toolshero, 2019).

The word ‘society’ is defined as an association or

company or persons (generally unincorporated)

united together by any mutual or common purpose

mutual consent in order to deliberate, determine and

act jointly for same common purpose

(Thelawdictionary, 2019), or people in general

thought of as living together in organized

communities with shared laws, traditions, and values

(Merriam-Webster, 2019).

The development of society can be categorized to

four-going five phases: from pre-history society,

moving on to agrarian society (first wave), then to

industrial society (second wave), and to the phase we

are now, the information society (third wave). We are

also carefully moving forward to becoming

knowledge society (potential fourth wave) (Makarim,

2007, p. 23). The phrase ‘information society’ refers

to a long journey the use of information by the

military and government and developed by business,

that have now become a regular presence in people’s

lives (Morton and Scott, 1999).

Some main activities using information

technology are (Silverstein, 2000, p. 82):

a) Communication ;

b) Resources sharing;

c) Software application;

d) Resources discovery

e) Community forming

f) E-commerce business.

And, generally, virtual communities (VCs) access

information through internet in such way in order to

(Andreatos, 2007, p. 39):

a) download articles from their modes;

b) participate in for a and pose questions;

c) read FAQs and search for keywords;

d) use the site search engine;

e) contact sage members.

The research conducted by Japan International

Cooperation Agency (JICA) in 2000 showed that

economy value of information technology-related

businesses had been really remarkable (JPO, 2003, p.

3):

a) film (US $67,7 Billion)

b) video (US $ 120,2 Billion),

c) TV program (US$ 107 Billion),

d) TV transmission service (US$ 151 Billion),

e) recorded music (US$3,84 Billion),

f) karaoke (US$ 240 Billion)

magazines (US $83,7

Billion

h) books (US $ 85,3 Billion),

i) newspapers (US $1555,2 Billion),

j) radio and billboard advertising (US $47,

Billion)

With how information technology is used nowadays

there is a need for an information management

society that centrally manages and shares

incorporates policies and procedures of information

among different individuals, organizations and/or

information system, so that people can access all

types of information fairly, and legally.

2.2 The Kinds of Copyright to Protect

Information Management Society

2.2.1 Copyright and Neighboring Rights

(Related Rights to Copyright)

Indonesia ratified Agreement on Establishing the

World Trade Organization (WTO) Act Number 7 of

1994 including all the WTO agendas, among others,

the Agreement on trade Related Aspects of

Intellectual Property Rights including trade in

Counterfeit Goods (TRIPs). TRIPs Agreement

applies The Berne Convention for the Protection of

Literary and Artistic Works as a minimum standard

of copyright protection as well as the Rome

Convention for the Protection of Performer, Producer

of Phonograms and Broadcasting Organization.

iN-LAC 2018 - International Law Conference 2018

the field of science, arts and literature if the creation

meets the Standards of Copyrightability, which

consist of (Kintner and Lahr, 1983, pp. 346-349):

1. Fixation: A work is fixed in a tangible medium of

expression when its embodiment in a copy or

phonerecord by or under the authority of author,

is sufficiently permanent or stable to permit to be

porceived, reproduced or otherwise

communicated for a period of more than transitory

duration. A work consisting of sound imager or

both, that are being transmitted is fixed for

purpose of this title is a fixation of the work is

being made simultaneously with its

transmismision.

2. Originality: the word “originality”... or the test of

“originality”, is not that the work to be novel or

unique. Even a work based upon something

already in public domain may well be original;

3. Creativity as a standard of copyrightability is to

great degree simply measures originality.

Although a work that merely copies exactly a

prior work may be held not to be original , if the

copy entails the independent creative judment of

the author in its production, that creativity will

render the work original.

While these three are essentially the elements of

copyrightability, on a personal level I believe

originality should be at the top position when

considering whether a creation is copyrightable, and

creativity and fixation elements come next. This

thought is in line with the way that Indonesia, as a

country with Civil Law Tradition, is influenced by G.

W Friedrich Hegel. Related to copyright, Hegel

taught the personality theory, which means that a

creation must be ‘an intellectual personal creation

with high level of originality and creativity’

(Ginsburg and Treppoz, 2015).

An Intellectual Personal Creation (the work)

embodies the personality of the creator (the author).

It should reflect the originality and creativity that the

author has. Nevertheless, originality for the purpose

of Copyright does not necessarily mean original

ideas, but instead, original execution of a particular

form required to express such ideas (Lahore, 1997).

For instance, people may have the idea to make a dog

to be the main character of a movie story, rather than

the usual people-centric stories. Some titles, like,

Benji (1974), Homeward Bound (1993), Hachiko

(2009), or A Dog’s Purpose (2017) are examples of

this idea. Perhaps, it can give the impression that the

very first person thinking it would be the only original

thinker. But it is not being the first thinker that

matters; it is the execution to express the idea that

does. Do these movies infringe each other’s

execution contains sufficient creative judgment in its

production and it is fixated in a way that is different

from one another. It makes every single of these titles

original for its own worth.

The word ‘fixation’ basically means information

conveyed in tangible form (Kintner and Lahr, 1983).

Fixation in Copyright means that Copyright protects

original work of authorship fixed in any tangible

medium of expression, now known or later

developed, from which they can be perceived

reproduced or otherwise communicated, either

directly or with the aid of machine or device (Strong,

1993). The term is also in line with the phrase

‘material form’ (Mc Keough and Stewart, 1997, p.

134), in that it is,

“… not only something of corporeal form

composed of matter, but as including those form

of storage where a work or adaptation of a work

exist in a form that would not normally be

regarded as material, such as electronic and

magnetic form storage. … Material form in

relation to a work or an adaptation of a work,

include any form (whether visible or not) of

storage from which the work or adaptation ... can

be reproduced. …”.

the (last surviving) author and seventy years after

such author’s death. Copyright has an automatic

protection system. Article 5 Paragraph (2) of Berne

Convention provides that:

“The enjoyment and the exercise of these rights

shall not be subject to any formality; such

enjoyment and such exercise shall be independent

of the existence of protection in the country of

origin of the work. Consequently, apart from the

provisions... the extent of protection... shall be

governed exclusively by the laws of the country

where protection is claimed”.

protection can be exercised starting from the moment

a work fulfilling the Standards of Copyrightability is

created by the author.

From the perspective of Indonesian Law, there is

an article that can potentially cause confusion

regarding the automatic nature of copyright

protection. Article 64 Para (1) of Act Number 28 of

2014 on Copyright provides,

“The Minister administers the recordation and the

Invalidation of Works and Related Rights

products”.

However, this article in no way intentionally

implies that copyright protection in Indonesia

requires a recordation. As can be seen, Para (2)

provides,

“The Recordation of Works and Related Rights

works as referred to in Paragraph (1) is not a

requirement to obtain Copyright and Related

Rights”.

The biggest reason that it is provided in the Act

Number 28 of 2014 is because if a dispute occurs in

the future, the recordation can be a solid evidence of

ownership.

Similar thing is mentioned by William C. Holmes

(Holmes, 1983, p. 8),

“Although recording of works product of related

rights is not mandatory, it is highly desirable for a

number important reasons. Registration of the

an infringement action. It is also a prerequisite to

recovering special statutory damages... In

addition, a certificate of registration or Letter of

Works Record constitutes "prima facie' evidence

of the validity of the copyright. Finally,

registration is necessary for a transfer of

ownership to provide constructive notice to third

parties of the transferee's interest”.

With regards to neighboring rights, also known as

related rights to copyright, these are exclusive rights

for performers, phonogram producers, or

broadcasting institutions.

Related to this, Indonesia has ratified, through

Presidential Decree Number 19 of 1997 and Number

74 of 2004, on the Accession of the World Intellectual

Property Organization Copyright Treaty (WCT) and

World Intellectual Property Organization

Performances and Phonograms Treaty (WPPT)

respectively, which in unison is also known as the

Digital Agenda.

According to Silke von Lewinski (Lewinski,

2004, pp. 8-9),

“Copyright Law in Digital Era, TRIPs, the Berne

Convention and the Rome Convention protect

and WPPT and are widened economic substantive

rights of the author’s or copyright holder’s as well

as the related right holder’s”.

WCT is a special agreement under the Berne

Convention which deals with the protection of works

and the rights of their authors in the digital

environment. In addition to the right recognized, they

are granted certain economic rights. The treaty also

deals with two subject matters to be protected by

or form of their expression and (ii)compilation of data

or other material (database). While WPPT deals with

two kinds of beneficiaries, particularly in the digital

environment, (i)performers, (ii)producers of

phonograms, that is a person or legal entity that takes

the initiative and has the responsibility for the fixation

of sounds.

2.2.2 Three Layers of Protection for

Information Management Society

There are three layers of protection for information

management society. There are three layers of rights

that can be utilized to protect the existence/

implementation of an information management

society. These layers have to be applied in accordance

with the aforementioned legal instruments as a very

beneficial addition. These layers are (Lewinski, 2004,

pp. 8-9):

1) Copyright and neighboring right protection (also

having been touched upon in the previous

section);

2) Technical measures to block unauthorized access;

3) Legal protection against circumvention.

The first layer for information management

society protection is Copyright and Related Right

law. Related to this matter, Indonesian Act Number

28 of 2014 on Copyright (replacing Act Number 19

of 2002 on Copyright), Article 1 Point 1 states,

“Copyright means an exclusive right of the author

vested automatically on the basis of declaratory

principle after Works are embodied in a tangible

form without reducing by virtue of restrictions in

accordance with the provisions of laws and

regulations”.

Further, Article 40 Para (1) point a. and b.

provides that,

(1) Protected Works which include scientific,

artistic, and literary Works, comprise:

a. books, pamphlets, typographical

arrangement of published written work,

and all other written works;

b. talks, lectures, speeches, and other similar

Works;

to copyright) protect all creations, not only those in

tangible forms but, but now also those in the digital

forms/ electronic media.

According to James Lahore copyrighted works in

digital form including (Lahore, 1997, p.21):

a) Literary Work, namely all form of work based

on texts with forms that obtain copyrights.

Literary work here includes poems, books,

articles, and so on expressed in a number of

words, symbols, and others;

b) Database, namely a set of data, normally

obtains copyrights as a set. It is in form of data

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(as long as not related to fact) such as price list,

URL address for sites, private and public keys

used for encryption or digital signature and

database in form of compilation and collection

of data;

c) Characters, namely fictional characters in

visual form, such as Mickey Mouse and

Superman, and in literature form, such as

Sherlock Holmes, Hardy Boys, or James

Bond. Fictional characters exist in visual form,

story texts; animations in form of video and

audiovisual works, films, video tapes, video

discs or videograms, TV programs;

d) Musical Works, namely musical works that

obtain copyrights. Protection of copyrights for

musical works includes both things: words and

music. Musical works in form of music with

or without texts, musical instrument digital

interface (MIDE). Sound recording works in

form of recording of sounds, natural sounds,

or special sound effects;

e) Sound Recording, namely sound recording

produced from recording, such as serial music,

talks, and other sounds;

f) Photographs and Still Images, namely images

and graphical works that obtain copyrights,

including: comic, strips, advertisements,

technical drawings, and diagrams.

Photographs and still images are in form of

graphical and pictorial works including

advertisements, cardboards, images,

paintings, designs, games, maps, mosaics,

patterns, montage photos, art multiplications

and printing results, technical drawings,

design patterns, architectural building design

patterns, blueprint of mechanical drawings,

and diagrams;

g) Motion Pictures and Other Audiovisual

Works, namely motion pictures, videos, and

audiovisual works that obtain copyrights;

h) Software, namely software that obtains

copyrights. Software in form of source code

and object code;

i) Compilation and Derivative Works.

Compilation is a work formed by collection,

installation, procurement of material or data

that is then selected, coordinated/arranged that

then produces work as the whole original work

of the author, such as magazines and catalogs;

j) Derivative Works, namely a work based on

one or more works, such as translations,

fictions, motion picture versions, and so on.

Multimedia Works, namely general works that

combine one or two of the existing categories

into single medium.

An author (creator of copyrighted work) or a

moral rights and economic rights (Article 4 of Act

Number 28 of 2014).

On moral rights, Article 5 states that:

(1) The moral rights as referred to in Article 4 are

rights that are eternally inherent to the Author

to:

a. continue to include or to exclude their name

on the copy with respect to the public use of

their Works;

b. use an alias or pseudonym;

c. change their Works to comply with

appropriateness in society;

d. change the title and subtitle of their Works;

and

e. defend their rights in the event of a distortion

of Works, mutilation of Works, modification

of Works, or other acts which will be

prejudicial to their honor or reputation.

On economic rights, Article 8 and 9 regulate that,

“Article 8

Economic rights are the exclusive right of the

Author or the Copyright Holder in order to

gain economic benefits from the Works.

Article 9

(1) The Author or the Copyright Holder as

referred to in Article 8 has the economic rights

to engage in:

a. Publication of the Works;

b. Reproduction of the Works in all its forms;

c. Translation of the Works;

d. Adaptation, arrangement, or

transformation of the Works;

e. Distribution of the Works or their copies;

f. Performance of the Works;

g. Publication of the Works;

h. Communication of the Works; and

i. Rental of the Works”.

With the way the Indonesian Act on Copyright is

arranged, Indonesia is trying, however subtly, to

accommodate the continuous development of

technology and its relation to copyright protection.

The mention of ‘and all other written works’ and

‘other similar works’ is a method to facilitate the later

developed types of works that may be protected by

Observing today’s information technology

development, it can be seen that the right of

communication to the public (as regulated by Berne

convention) has widened, which now includes in the

forms of texts and images. It also can be seen that the

right of making available to the public has widened,

which used to depend solely on the author/ right

holder, now can also depend on the users (the internet

users determine when and where they would like to

access a work from as opposed to the author/ right

holder solely decides when and where they will make

their work available to the public). On top of these

shifts, there is also an introduction of the right on

database as exclusive rights to a legal person who

makes substantial investment of database

development in order for them to authorize or prohibit

the extraction or utilization of such database.

(Lewinski, 2004)

There are also exception and limitation rules

under Article 13 of TRIPs Agreement,

“Member shall confine limitation or exception to

exclusive rights to certain special cases which do

not conflict with a normal exploitation of the

works and do not unreasonably prejudice the

legitimate interest of the right holder”,

as well as those under Article 9 Par (2) of the Berne

Convention for the Protection of Literary and Artistic

Works,

“It shall be a matter for legislation in the countries

of the Union to permit the reproduction of such

works in certain special cases, provided that such

reproduction does not conflict with a normal

exploitation of the work and does not

unreasonably prejudice the legitimate interest of

the author”.

Such exceptions and limitations are also provided

in Indonesian Copyright Law, mainly under Article

43 to 51 of Act Number 28 or 2014, which regulate,

among others, about compulsory license (also known

as fair dealing or fair use in Common Law Tradition).

The second layer for information management

society protection is the technical measures to

block unauthorized access. Regarding this, Article

11 of the WCT regulates the obligation of Contracting

Parties to provide satisfactory protection and

effective legal remedies against the circumvention by

“Contracting Parties shall provide adequate legal

protection and effective legal remedies against the

circumvention of effective technological

measures that are used by authors in connection

with the exercise of their rights under this Treaty

or the Berne Convention and that restrict acts, in

respect of their works, which are not authorized

by the authors concerned or permitted by law”.

As for definition, Directive 2001/29/EC of the

European Parliament and the Council (of May 2001)

on the Harmonization of Certain Aspects of

Society attempts to provide it. Article 6 Para (3) of

the Directive contains,

“For the purposes of this Directive, the expression

‘technological measures’ means any technology,

device or component that, in the normal course of

its operation, is designed to prevent or restrict

acts, in respect of works or other subject-matter,

which are not authorized by the right-holder of

any copyright or any right related to copyright as

provided for by law or the sui generis right …”

Technological measures protect against any action of

technology misuse and is considered effective where

(Article 6 Para (3) of the Directive continued),

“… the use of a protected work or other subject-

matter is controlled by the right-holders through

application of an access control or protection

process, such as encryption, scrambling or other

transformation of the work or other subject-matter

or a copy control mechanism, which achieves the

protection objective”.

Technological measures can be in the form of

Digital Right Management (DRM) and Rights

Management Information (RMI). These technologies

protect information from being accessed without

authorization.

The Rights Management Information (RMI) is,

“… information that identifies content protected

by copyright or related rights, the rights owners in

such content and the terms and conditions of use

associated with it” (IFPI, 2003),

whilst Digital Rights Management (DRM) is,

“… a systematic approach to copyright protection

for digital media. The purpose of DRM is to

prevent unauthorized redistribution of digital

media and restrict the ways consumers can copy

content they've purchased. … Although digital

content is protected by copyright laws, policing

the Web and catching law-breakers is very

difficult. DRM technology focuses on making it

impossible to steal content in the first place, a

more efficient approach to the problem than the

hit-and-miss strategies aimed at apprehending

online poachers after the fact”, (Sachdeva, 2010,

p. 14).

RIM and DRM technologies give power for the

author/ right-holder to control how users use their

work, control what can and cannot be done with their

work. They can limit the number of multiplications

that can be seen, what media the work can be

transferred to, etc.

The principle of RIM and DRM technologies is

contained in Article 52 and Article 53 Para (1) of Act

Number 28 of 2014,

“Article 52

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Every person is prohibited from damaging,

destroying, eliminating, or disabling the function

of technological protection measures used as a

safeguard of the Works or Related Rights

products as well as the safeguard of the Copyright

or Related Rights, except for State defense and

security purposes, as well as other reasons in

accordance with the provisions of laws and

regulations, or as agreed otherwise.

Article 53 Para (1)

Works or Related Rights products using

information technology-based and/or high

technology-based means of production and/or

data storage must satisfy the licensing regulations

and production requirements established by

relevant authorities”.

There are groups of people who understand fully

the objectives of having these technologies and

implementing the protection system and they do not

mind the overall system. Since, they deem it a form

of appreciation for the author and a form of support

for the author to be able to create better works in the

future. In the case of users wanting to make sure about

accessing content legally, there is a basic first step

that can be done: checking whether the access is a

‘free access’ or whether there is a ‘fee for access’. If

there is a fee-for-access, at the very least it can be

used as an element of defense for allegedly copyright

infringement. With that said, being smart users is a

must with such rapid technology development. The

bottom line is that, to avoid infringement allegation,

before accessing anything we should carefully

research whether the access is legal because

nowadays there are a lot of free-of-charge contents

legally accessible and at the same time, a lot of paid-

platforms that provide contents illegally.

There are also groups of people, usually users/

consumers who think that RIM and DRM constrain

normal operation of technological devices and limit

the technology development itself for such excessive

obligations the technologies require. On the top of

these concerns is the one of abuse of exclusive rights.

It is completely reasonable that there is fear for this

for intellectual property is a property. It is subject to

other related-laws, such as competition law, where

the problem of abuse of exclusive rights could also

arise. To prevent this from happening, one remedy

established under Indonesian law would be through

compulsory license (also known as fair dealing or fair

use in Common Law Tradition) or through other

methods appropriate for establishing just and

balanced rights and obligations between intellectual

property rights holders and users. This subject matter

needs another discussion on another day.

Then again, since intellectual property is a

property, an author’s work resulted from their

intellectual creation, their intellectual ability, is a

property. Using a property of someone else’s require

an exchange of performance, some give-and-take of

obligations. So, it is understandably within the author/

right-holder’s right to determine how much access the

users/ consumers can have with their work. And in

return, it is fairly the right of the users/ consumers to

use and enjoy the work for their purpose,

notwithstanding the limitations by the author/ right-

holder.

The third layer of information management

society protection is the right against

circumvention or anti-circumvention. It protects

against any action of deletion or elimination of

electronic information management rights attached to

standard is also implemented for creation of show and

sound recording presented digitally or via internet

media. Member countries shall provide an adequate

legal protection (such as punishment) against

circumvention of effective technological measure by

those have knowledge or suspected to have

knowledge about the goal of technological measure

implementation.

Every such conduct is a violation against the law,

including producing, importing, or renting any tools

designed specifically to eliminate technology control

facility or to prevent or to limit multiplication of a

creation, circumvent privacy and surveillance,

computer fraud, hacking, and virus.

In relation to Indonesian Law, anti-circumvention

is regulated under Article 54 to 56, which state,

“Article 54

To prevent the infringement of Copyright and

Related Rights using media based on information

technology, the Government is authorized to

conduct:

a. supervision on the production and

dissemination of Copyrights and Related

Rights infringing contents;

b. cooperation and coordination with various

parties, either domestic or international in the

prevention of production and dissemination of

Copyrights and Related Rights infringing

contents; and

c. supervision on the acts of recording Works

and Related Rights products using any media

in performance venues.

Article 55

(1) Every Person who is aware of an infringement

of Copyright and/or Related Rights through

electronic systems for Commercial use may

report to the Minister.

(2) The Minister verifies the reports as referred to

in section (1).

(3) In the event that sufficient evidence is found

based on the verification of the reports as

referred to in section (2), upon request of the

complainant the Minister will recommend the

minister administering government affairs in

the field of telecommunications and

information to block in part or in whole the

Copyrights infringing the content in the

electronic system or make the services of the

electronic system inaccessible.

(4) In the event of the blocking of Internet sites as

referred to in section (3) is done entirely,

within a period of 14 (fourteen) Days after the

blocking, the Minister is obligated to request a

court provision.

Article 56

(1) The Minister administering government

affairs in the field of telecommunications and

information pursuant to the recommendations

as referred to in Article 55 section (3) may

block the content and/or user’s access right

that infringes Copyrights and/or Related

Rights in the electronic system and renders the

electronic system services inaccessible.

(2) Further provisions regarding the

implementation on blocking content and/or

user’s access right that infringes Copyrights

and/or Related Rights in the electronic system

or rendering the electronic service system as

referred to in section (1) are stipulated by a

joint regulation of the Minister and the

minister holding the duties and responsibilities

in the field of communication and

information”.

Other Indonesian relevant legal instruments

related to anti circumvention are Act Number 19 of

2016 on the Amendments of Act Number 11 of 2008

on Information and Electronic Transaction, Article

382bis of Criminal Code regarding criminal

responsibility for content and defamation, and

Circulars of Head of Indonesian National Police No.

SE/0/X/2015 on Handling of Hate Speech and

Defamation. However, the way to effective

enforcement of anti-circumvention in Indonesia has

not been without challenges.

3 CONCLUSIONS

An information management society is a society that

centrally manages and shares incorporates policies

and procedures of information among different

individuals, organizations and/or information system,

so that people can access all types of information in

the way that is most fairly, and legally.

There are three layers of protection that can be

applied to information management society, they are:

1) Copyright and neighboring right protection (also

having been touched upon in the previous

section);

2) Technical measures to block unauthorized access;

3) Legal protection against circumvention.

There are a lot of challenges to the efforts of

enforcing intellectual property law in general, and

enforcing the protection of information management

society in this specific case. How successful these

enforcements will be would depend on high they are

considered as priority in the eyes of Indonesian

Government. And that is precisely why so more

researches in these areas are essential. They can

become the sources that will make the Government

pay more attention to these matters. Even so, there are

fundamental changes in the laws establishing

intellectual property rights, and also, information

management society related-rights (Act Number 28

of 2014 is one example). These changes, no matter

how incremental, are something to be excited about.

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