Govt Issues Regulation on Copyright Access for Persons with Disabilities
President Joko Jokowi Widodo on 18 April, 2019 signed Government Regulation (PP) Number 27 of 2019 on Access Facilitation to Copyright for Persons with Disabilities in Reading and Using Braille Letters, Audio Books, and Other Facilities. The Regulation aims to implement the provisions of Article 44 paragraph (4) of Law Number 28 of 2014 on Copyright.
The Regulation stipulates that the access is granted to persons with disabilities, which consist of: a. persons with visual impairment (total or partial); and b. persons with disabilities in reading and/or using Braille, audio books, or other facilities.
“The access is granted by the Minister who has responsibility on legal government affairs. The access is only granted to: a. libraries that have facilities for persons with disabilities; b. government institutions and regional agencies whose tasks and functions include facilitating persons with disabilities; and c. community organizations and social welfare institutions whose activities include facilitating persons with disabilities,” Article 3 paragraph (1,2) of the Regulation reads.
The Regulation also stipulates that individuals who voluntarily help persons with disabilities can independently access Copyright, fully or partially, in the form of braille, audio books or other facilities, only for non-commercial use.
The Regulation states that the access to copyright is given in the form of: a. acquisition of copyright and related products in digital copy format; b. using of copyright and related products in digital copy format; c. changing digital copy format according to the needs of the beneficiaries; d. doubling the format to meet the needs of beneficiaries; e. announcement of copyright and related products in digital copy format for the needs of beneficiaries; f. distribution of copyright to beneficiaries both domestically and abroad; and g. public dissemination of the work and related products in digital copy format for the needs of beneficiaries.
“In the event that Access Facilitation is carried out between different countries, it shall be granted the exemption of import duty and excise on the import of goods in accordance with the provisions of law,” Article 5 paragraph (2) of the Regulation reads.
The Regulation further stipulates that implementation of Access Facilitation should respect rights of the creator. The Access Facilitation is only for non-commercial use and should completely mention the creator.
Access Facilitation is granted based on the written application to the Minister. The Minister shall conduct an examination of the application, and issue a Ministerial Decree on the Granting of Access Facilitation no later than 10 (ten) days after the application is received.
To get a digital copy, the recipient of Access Facilitation must submit an application to the National Library, with attached evidence of the Minister’s Decree on the Granting of Access Facilitation.
The National Library shall request a digital copy to the publisher no later than 7 (seven) days after the application is received. “The issuer shall submit digital copy to the National Library no later than 7 (seven) days from the aforementioned request,” Article 12 of the Regulation reads.
The National Library, according to the Regulation, shall submit the digital copy to the recipient of Access Facilitation no later than 5 (five) days after receiving the digital copy from the publisher.
The Regulation states that the central government and regional governments guarantee and supervise the fulfillment of the rights for persons with disabilities in using braille, audio books, or other facilities in accordance with the provisions of law.
The funding for the implementation of this Government Regulation comes from: a. the State Budget (APBN) through the budget of the ministry or institution in accordance with their functions and duties; b. Regional Budget (APBD); and/or c. other legitimate sources in accordance with provisions of law.
“The Government Regulation shall come into force on the date of promulgation,” Article 17 of the Government Regulation reads. The Regulation was promulgated by Minister of Law and Human Rights Yasonna H. Laoly on 18 April, 2019. (Pusdatin/ES)
Translated by: Ridwan Ibadurrohman
Edited by: Mia Medyana