Accommodating Computer-Generated Works into Indonesia’s Copyright Law: Challenges and Possibilities

Title: Accommodating computer-generated work in the Indonesian copyright act: A comparative study with Australian copyright law.

Presented by: Laurensia Andrini

Advisors: Dr Allison Fish and Dr Xan Chacko

When: 10.30am-12pm, Tuesday 16 February, 2021 

Where: Boardroom (W353), Level 3, Forgan Smith building (1)

Abstract: 

Technological innovations have continuously presented challenges for the operation of copyright law and, as a consequence, have generated numerous debates regarding how this domain should proceed in accommodating these new advances. One of those advances is machine learning, a branch of artificial intelligence (AI) which has the capacity to produce creative works having similar quality to that of human authors. This thesis focuses on the challenges presented by computer-generated works, as a product of machine learning, to Indonesian copyright law. It sees Indonesia as an interesting site of exploration because it has historically deployed copyright law for the purpose of fostering public welfare and socio-economic development. Additionally, Indonesia requires legal certainty in its copyright law, given that AI and its associated technologies are highlighted in its National Strategy to support national development, where more production of computer-generated works will be anticipated in the years to come.

The purpose of this research is to assess the question of how copyright in computer-generated works might proceed under Indonesian law in a manner that reflects the viewpoints of different stakeholders involved in the creative process. It explores the circumstances around Indonesian copyright law that may come to consider computer-generated works as new objects of protection. Additionally, it will also look upon the stakeholders’ view on the concept of authorship, originality, and creativity attributed to the computer-generated works and whether their views may be reconfigured and harmonized to accurately reflect computer-generated works position in the Indonesian copyright law.

Two-pronged research methodology is used in this research. The first prong of the approach consists of a thorough doctrinal analysis of the issue both in Indonesia and in other jurisdictions. The second prong will employ an empirical approach that consists of semi-structured interviews with key stakeholders and participant-observation and public events.