Indonesia Proposes New Copyright Framework for AI Content

Indonesia is advancing significant revisions to its copyright legislation, with a draft bill aiming to grant copyright protections to individuals who utilize artificial intelligence (AI) in content creation. This legislative initiative could position Indonesia as the first nation in Southeast Asia to integrate AI into its copyright law, addressing the global challenge of AI's impact on existing copyright frameworks, particularly concerning the use of human-created works for AI model training.

Hermansyah Siregar, an official from Indonesia's law ministry overseeing intellectual property, confirmed the authenticity of the draft bill. He stated that the proposed law would mark the first explicit recognition of AI within Indonesia's copyright framework. Siregar emphasized that the rapid development of generative AI has disrupted traditional copyright structures, warning that unregulated AI could stifle human creativity.

Key Provisions of the Draft Bill

The previously undisclosed AI-specific clauses within the bill include several notable provisions:

  • A prohibition on using AI to mimic a creator's "distinctive style."
  • A mandate for disclosing the use of AI in content creation.
  • AI-assisted works would qualify for copyright protection, provided they meet specific human involvement criteria. Fully AI-generated works, however, would be excluded from such protection. The draft does not specify the required level of human involvement.
  • The use of copyrighted materials to train AI models would be subject to fair-use provisions or require licensing agreements.

Furthermore, the bill would require tech platforms to provide compensation for aggregating, republishing, or link-previewing news content, as well as for using such content in AI training. These compensations would be directed to state-supervised collective management organisations, which would then distribute the funds to news publishers. These regulations are intended to cover a broad spectrum of content, including video games, photography, computer programs, journalism, and films.

Industry Reactions and Global Context

Ari Juliano Gema, an intellectual property and entertainment lawyer, suggested that the Indonesian bill might raise concerns among technology companies due to its apparent conflation of commercial AI use with AI use for research purposes. Major tech entities, including Google, could face penalties for non-compliance, potentially leading to the revocation of their local business permits.

Google previously issued a statement criticizing the proposed copyright overhaul, arguing that "rigid, overbroad mandates" could harm local creators, impede innovation, and isolate Indonesia internationally, thereby discouraging investment crucial for its digital future. The company indicated its intention to engage with the government regarding the bill. Meta and TikTok did not immediately comment on the proposals.

Siregar highlighted that AI regulation is a global issue, citing ongoing legal challenges such as the case led by the New York Times against tech companies for alleged misuse of copyrighted material in AI training. He also noted that the draft bill is not yet final and the government is actively seeking further input.

Indonesia's Broader AI Ambitions

These proposals align with Indonesia's broader strategy to promote wider AI adoption and integrate AI into key national programs. Recently, Indonesia was among 29 countries that signed an agreement in Shanghai to establish an intergovernmental body aimed at fostering cooperation and global governance of AI. Chinese President Xi Jinping outlined a vision for a new global AI order, advocating for the sharing of open-source AI technology and expertise with developing nations, while also emphasizing the importance of human control and oversight over AI systems.

Indonesia's proposed AI disclosure requirements reflect a growing global trend toward transparency in AI. For instance, the European Union AI Act mandates clear labeling for AI-generated or modified images, video, or audio content that constitutes a "deepfake," with some exceptions for artistic or satirical works. In contrast, AI is not explicitly mentioned in the copyright statutes of the U.S. or Singapore, though their respective copyright offices maintain that copyright protection necessitates human contribution.