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WORKSHOP – Day 1

January 26, 2016 marked the first day of a workshop that organized by WAMI, which was held at the Directorate General of Intellectual Property’s meeting room, that was also a collaborative work between WAMI and DGIP, CISAC, APRA and JASRAC. The moderator was Mr. Chico Hindarto as the Chairman of WAMI and the workshop was officially started after Dr. Dra. Erni Widhyastari, Apt, M.Si (Director of Copyrights and Industrial Design Rights) delivered an opening statement from the Director General of Intellectual Property, Prof. Dr. Ahmad M Ramli, S.H., M.H FCBArb.

The speakers at the workshop were Mr. Benjamin Ng (Regional Director for Asia-Pacific of the CISAC), Mr. Scot Morris (Director International of APRA AMCOS), and Mr. Satoshi Watanabe (Senior Administrator of General Affairs Bureau of JASRAC). We also invited the commissioners of LMKN (Lembaga Manajemen Kolektif Nasional), Mr. Slamet Adriyadie, Mr. Adi Adrian, Mr. James Sundah and Mr. Imam Haryanto as the commissioners of Copyrights, while Mr. Samsudin Dajat Hardjakusumah (Sam Bimbo), Mrs. Miranda Risang Ayu and Mr. Handi Santoso as the commissioners of Related rights.

In the first session, Mr. Benjamin Ng delivered a presentation about the general idea of Collective Management Organization (CMO) and Music Licensing. During his presentation, he also proposed the best practice on copyright collective management in Indonesia to LMKN (Lembaga Manajemen Kolektif Nasional or the National Collective Management Organization), which were :

  • Focus on policy role and implement good governance in order to provide transparent, fair and efficient activities.
  • Focus on tariff setting and facilitate licensing activities, especially Karaoke and Broadcasting licenses.

In the second session, Mr. Scot Morris explained about Licensing and shared about the cooperation between APRA and labels in Australia & New Zealand. According to him, there are four main steps for Licensing such as :

  • Research and understanding the value and importance of music to the business,
  • Tariff setting principles,
  • Benchmarking,
  • Negotiation.

These four steps would help CMOs to collect royalties, which the users had agreed to pay based on set tariffs and written agreements.

In the third session, Mr. Satoshi Watanabe shared about the Broadcasting License in Japan. He shared a case between JASRAC and the Japan Fair Trade Commission, where in the end, JASRAC joined the Five-Party Talk to fairly calculate the repertoire share in broadcasting’s music usage. Since April 2015, the royalty calculation became :

Broadcast Business Income      X     Royalty Rate of Each CMO     X    Actual Usage Ratio
          (Previous Year)                                                 (Current Year)

Finally, the Q&A and discussion session marked the last session of the workshop. The questions were mostly from the commissioners of LMKN and as a closing remark, Mr. Benjamin added that only CMO is allowed to exercise royalties collection and/or the very own authors.

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