Draft:Aquarius Pustaka Musik

Aquarius Pustaka Musik, PT is a music publishing company based in Jakarta, Indonesia. The company was founded by Johannes Soerjoko in 1993 as the first music publisher in Indonesia. Aquarius Pustaka Musik currently manages a catalog of over 4,000 songs and represents more than 570 songwriters. It also serves as a sub-publisher for Warner Chappell Music.

History
Aquarius Pustaka Musik (APM) was established in 1993 under the name Aquarius Music Publishing, PT. In 1998, Aquarius Music Publishing changed its name to Aquarius Pustaka Musik due to government regulations that prohibited foreign-language company names.

The company was founded by Johannes Soerjoko, who also founded the record company Aquarius Musikindo. Initially, the company solely managed the copyrights of songs recorded by artists under Aquarius Musikindo, but it later evolved into an independent music publishing company that manages the copyrights of various songwriters in Indonesia.

Catalog
APM's catalog encompasses a wide range of music genres, including Pop, Ballad, Rock, Indie, Ska, Dangdut, and EDM. Some notable songs published by Aquarius Pustaka Musik include "Bunda" (Composed by Melly Goeslaw) performed by Potret, "Pupus" (Composed by Ahmad Dhani) performed by Dewa 19, "Mawar Hitam" (Composed by Billy ‘Tipe-X’, Tresno ‘Tipe-X’) performed by Tipe-X, "Sang Dewi" (Composed by Titi DJ, Andi Rianto) performed by Titi DJ, and "Teruskanlah" (Composed by Dewiq, Pay) performed by Agnes Monica.

Copyrights for songs featured in albums such as "Pandawa Lima" by Dewa 19, "Telisik" by Danilla, and "Keseimbangan" by Ari Lasso are also 100% managed by APM.

Songwriters
APM collaborates with over 570 songwriters in Indonesia, both exclusively and non-exclusively. Some of the prominent songwriters whose works are managed by APM include:


 * Ahmad Dhani
 * Melly Goeslaw
 * Ian Antono
 * Dodo Zakaria
 * Yockie Suryoprayogo
 * Taufiq Ismail
 * Ahmad Dhani
 * Pay
 * Dewiq
 * Eros Djarot
 * Pay Burman
 * Lafa Pratomo
 * Danilla Riyadi
 * Aldi Nada Permana

Sub-Publisher for Warner Chappell Music
In 2021, APM signed a collaboration agreement with Warner Chappell Music, one of the world's largest music publishing companies that managed over 1.4 million compositions and more than 80,000 songwriters. Warner Chappell Music represents artists and songwriters such as Bruno Mars, BTS, David Bowie, Katy Perry, Eric Clapton, James Brown, and more.

Scope of Work
APM actively provides a 360° music education for its affiliated songwriters and offers a platform for new artists and songwriters to release their music or re-arrange songs through their social media presence on Instagram.

Song pitching and catalog renewal are also essential activities of APM to ensure the optimal operation of song copyright licenses, facilitating the use of their songs. APM also focuses on revitalizing the copyright management system, developing websites, and data integration into digital platforms.

In 2021, Aquarius Pustaka Musik filed a lawsuit against the streaming platform Likee (app) for copyright infringement amounting to USD 150,000 (material) and 15 billion Indonesian Rupiah (immaterial), but the claim was rejected by the Central Jakarta District Court (PN).

Moreover, APM actively defends the economic and moral rights of its songwriters by sending letters and cease-and-desist notices to copyright infringers.

Most recently, APM, together with Aquarius Musikindo and Melly Goeslaw, is suing Article 10 and Article 114 of the Copyright Law (UU Hak Cipta) Number 28 of 2014, as cited from the website of the Constitutional Court of the Republic of Indonesia (non-official English translation):

"PT Aquarius Pustaka Musik, PT Aquarius Musikindo, and Melly Goeslaw are challenging the regulation that prohibits the management of trading places from allowing the sale and/or duplication of copyright-infringing goods and/or related rights in the places they manage. This regulation is stipulated in Article 10 and Article 114 of Law Number 28 of 2014 concerning Copyright (Copyright Law). All three parties are registered as Applicants in Case Number 84/PUU-XXI/2023."

In early March 2024, the Constitutional Court of the Republic of Indonesia granted part of the Petitioners' request and in point 2 of the ruling stated (in Bahasa):

"Pasal 10 Undang-Undang Nomor 28 Tahun 2014 tentang Hak Cipta (Lembaran Negara Republik Indonesia Tahun 2014 Nomor 266, Tambahan Lembara Negara Rerpublik Indonesia Nomor 5599) yang menyatakan, "Pengelola tempat perdagangan dilarang membiarkan penjualan dan/atau penggandaan barang hasil pelanggaran Hak Cipta dan/atau Hak Terkait di tempat perdagangan yang dikelolanya" bertentangan dengan Undang-Undang Dasar 1945 dan tidak mempunyai kekuatan hukum mengikat sepanjang tidak dimaknai, "Pengelola tempat perdagangan dan/atau Pleatform Layanan Digital berbasis User Generated Content (UGC) dilarang membiarkan penjualan, penayangan, dan/atau penggandaan barang hasil pelanggaran Hak Cipta dan/atau Hak terkait di tempat perdagangan dan/atau Layanan Digital yang dikelolanya""

below is the non-official English translation:

"Article 10 of Law Number 28 of 2014 concerning Copyright (State Gazette of the Republic of Indonesia Year 2014 Number 266, Supplement to the State Gazette of the Republic of Indonesia Number 5599) which states, "Managers of trade premises are prohibited from allowing the sale and/or reproduction of goods resulting from Copyright infringement and/or Related Rights in the trade premises they manage" is contrary to the 1945 Constitution and does not have binding legal force unless interpreted as follows: "Managers of trade premises and/or User Generated Content (UGC)-based Digital Service Platforms are prohibited from allowing the sale, display, and/or reproduction of goods resulting from Copyright infringement and/or Related Rights in the trade premises and/or Digital Services they manage."

This decision means that there are no more User Generated Content (UGC)-based Platforms that can arbitrarily violate Intellectual Property (IP) or Copyright.