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YOUTH, CREATIVITY, COPYRIGHT, and CULTURAL NUANCE in the DIGITAL AGE Sherly Haristya STIKOM LSPR, Jakarta Email: Sherly.Haristy

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YOUTH, CREATIVITY, COPYRIGHT, and CULTURAL NUANCE in the DIGITAL AGE Sherly Haristya STIKOM LSPR, Jakarta Email: Sherly.Haristy Volume 08 June No. 1 2015 YOUTH, CREATIVITY, COPYRIGHT, AND CULTURAL NUANCE IN THE DIGITAL AGE Sherly Haristya STIKOM LSPR, Jakarta Email: [email protected]; [email protected] Abstract This research is trying to see how some digital natives in Indonesia deal with copyright in the digital age since internet enable everyone to become a consumer, distributor, and also producer of content at the same time. With different characteristics of digital natives in Indonesia, the current work thus seeks to fill the gap for Indonesia’s context that has not been touched by the previous research from Palfrey, Gasser, Simun, and Barnes (2009). With the use of qualitative method, the research conducted to a group of young people age from 14-19 years old that come from social class A and B. They were asked to fill closed and open-ended questionnaire and continued with an in dept interview for those who showed interest in creation process on the internet. It was found that there is a great distance between copyright concepts to digital natives in this research. Besides, there were also misconceptions in understanding copyright law. Moreover, it was found lack of participations in creating cultural works on the internet from these digital natives. They had not been armed with technical and social knowledge to participate in creating and influencing cultural production and development. Keywords: internet, copyright, digital natives, culture INTRODUCTION internet users aged 16 – 64 years old, social The number of internet users in economic class ABC who use the internet Indonesia significantly increase. One study more than three hours per (Waizly, 2011). It about internet which was conducted by also reported that in every city where the Markplus Insight also shows that fact. The survey had been conducted, namely Jakarta, study currently confirms that mobile Surabaya, Bandung, Semarang, Medan, internet penetration in Indonesia reached 57 Makassar, Denpasar, Pekanbaru, percent of the total internet users, a 100 Palembang, and Banjarmasin, up to 80 percent increase from last year. It happens percent of internet users are people aged due to the affordable prices of gadgets and between 15 and 30-years old. (Internet mobile internet services. At the other side, users Indonesia reaches 55 million people) the number of internet users in Indonesia Though it is not strictly defined by significantly increased to 55 million people his or her age, but a person born into the in 2011 from the previous 45 million digital age (after 1980) who has access to (Internet users Indonesia reaches 55 million networked digital technologies and strong people). computer skills and knowledge can be Markplus held their study from called as a digital native. Digital natives August until September 2011 to 2161 Volume 08 June No. 1 2015 share a common global culture that is there are different internet maturity and defined by certain attributes and penetration level between digital natives in experiences related to how they interact Indonesia and abroad. with information technologies, information In accordance with digital native itself, one another, and other people and concept, nowadays, access to a computer institutions. In Hungary, Denmark, Iceland, and an Internet connection enables anyone Finland, Norway, Germany, Poland, with even modest technical skills to create Luxembourg, and also Asia for instance, a and consume content—including majority of young people have posted copyrighted content—while bypassing messages to chat rooms, online traditional channels of distribution. As a newsgroups, or forums, but not all digital result, copyright laws have become relevant natives are participating in the creative to the millions who interact with digital renaissance that is happening online. Only content on a regular basis. (Madden and about one in four young people say they Lenhart, 2003 in Palfrey, Gasser, Simun, remix content of any kind into their own and Barnes, 2009). Palfrey, Gasser, Simun, artistic creations such as artwork, photos, and Barnes (2009) found that young people stories, videos, or the like (Palfrey & in Boston, US that operate in the digital Gasser, 2008). realm overwhelmingly ignorant of the From my previous research, it was rights, and to a lesser degree the found that not all digital natives participate restrictions, established in copyright law. in the creative process. The persons I They often engage in unlawful behavior, interviewed, said that they read online news such as illegal peer-to-peer music more and compare the accuracy between downloading, yet they nevertheless one online news article and the other, have demonstrate an interest in the rights and an emotional attachment in spite of the livelihoods of creators. news accuracy, discuss one news with their Kusumadara (2000) in her friends through face to face communication dissertation argued that intellectual property and also computer mediated laws, especially in this research copyright communication, but they have not involved law was difficult to be enforced in in creativity process related to the news Indonesia because of the profound consumption (Haristya, 2010). From incompatibility of the law with Indonesian previous interview with Mr. Donny B.U, culture. Indonesian people tend to share founder of ICT Watch, internet entered what they have with others while the Indonesia commercially in 1995, hence copyright concept more to protect one’s The Indonesian Journal of Communication Studies| 2 Volume 08 June No. 1 2015 intellectual property. Hence, with the different level of digital natives’ skills in Copyrights in Indonesia: a Brief using technology in digital world and also Introduction the incompatibility of copyright law to Intellectual property law in Indonesian, this research is trying to find Indonesia is related to three primary areas out some of Jakarta digital natives’ which are patent, trademark, and copyright. understanding and attitudes about digital Intellectual property law is the most ratified creativity and copyright law. law among others. Patent and trademark each were ratified for three times; Previous Research meanwhile copyright law itself was ratified This research based on the idea that for four times: Copyright Law No. 6/1982, brought by Palfrey, Gasser, Simun, and Law No. 7/1987, Law No. 12 / 1997, and Barnes (2009) with title Youth, Creativity, the latest is Law No. 19/2002. Indonesian and Copyright in the Digital Age. government also has become a member of According to them, new digital networked several copyright international agreements technologies enable users to participate in such as World Trade Organization (WTO) the consumption, distribution, and creation which this also included the agreement on of content in ways that are revolutionary for Trade Related Aspects of Intellectual both culture and industry. Based on that Property Rights (TRIPs), then Indonesia’s thought, they found that young people role in ratifying Berne Convention as the operate in the digital realm overwhelmingly basis of World Intellectual Property ignorant of the rights, and to a lesser degree Organization (WIPO). the restrictions, established in copyright Copyright itself according to Law law. They often engage in unlawful No. 19/2002 shall mean an exclusive right behavior, such as illegal peer-to-peer music for an Author or the recipient of the right to downloading, yet they nevertheless publish or reproduce his work or to grant demonstrate an interest in the rights and permission for said purposes, without livelihoods of creators. In here, they decreasing the limits according to the explored digital native age 12-22 in the prevailing laws and regulations. Copyright greater Boston area which grow up in the legally guarantees that the creator of digital world with access to the intellectual and artistic works should retain technologies and the skills to use them in control over those materials for a set period sophisticated ways. of time, and thus enjoy the profits of creative labor (Wooth and Smith 2005: 24) The Indonesian Journal of Communication Studies| 3 Volume 08 June No. 1 2015 but on the other side, public have an interest interest from other countries that mostly act to get information. This often makes as creator than user of technology. Second, conflict between the interest of creator and Indonesia does not have a strict factor in public as user of the copyrighted content. qualifying and categorizing fair use act. The International world recognize fair current factor that stated fair use act is only use doctrine which says that copyright in 10% or as long as it does not disturb the some matters has its limitations. This normal interest of the creators tend to result limitation is related to public’s need for in an abstract understanding because there information access which aim to technology is no further explanation about it. Third, development and new creation based on Indonesia does not have a clear practical previous copyrighted works (Ratnajati, guide about fair use in classroom. 2008). Fair use doctrine in Indonesia is arranged in part V “Copyright Restrictions” Copyright in The Digital Age article 14-18 Copyright Law No. 19/2002. Jones (1994: 26 in Lister et.al, 2009) According to article 15, the use of a work of summed up the inflated claims for the another party for the purpose of education, impact of Computer Mediated research, scientific thesis, report writing, Communications (CMC). He observed that criticizing or reviewing an issue, provided popular and critical writing claimed that the that it does not prejudice the normal interest net would create opportunities for education of the Author shall not be deemed as and learning, create new opportunities for Copyright infringement. participatory democracy, establish According to Ratnajati (2008), countercultures on an unprecedented scale, Indonesia has done some arrangement ensnarl already difficult legal matters about fair use but there are three out of five concerning privacy, copyright and ethics, weak points on it. First, there is an restructure man/machine interaction. ambiguity that shows in Law No.
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