- Developments in technology have led to the creation of the Non-Fungible Token ("NFT"), which is a crucial element in the protection of copyright since online ledgers that cannot be edited or deleted serve as strong proof in relation to the creation of certain artworks. One example of this new paradigm is the Baliola application, an NFT marketplace through which proofs of artwork creation and their specifications can be accessed.
- However, copyright protections for NFTs themselves are currently proving problematic in Indonesia since Law No. 28 of 2014 on Copyright ("Copyright Law") does not specifically address the issue of NFT copyright. According to Agung Sasongko, Coordinator for Legal Services and the Collective Management Agency at the Directorate-General of Intellectual Property, NFTs may be copyrighted as computer-based programs based on Article 40 (1) of the Copyright Law. However, it is ultimately quite difficult to define NFTs as artistic creations as they exclusively comprise numbers and codes.
- As a result, even though original creations can be granted copyright protection, it can be quite difficult for creations that take the form of NFTs to also be granted this protection since it is ultimately hard to prove their originality. This means that discussions have to be held with the relevant stakeholders in order to clarify this issue.
- For more on this story, see Hukumonline: “Perlindungan Hak Cipta NFT Masih Dikaji”.
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