1. Background :
Many business operators (restaurants, cafés, shopping centers, hotels, etc.) use
music in public spaces as entertainment or to create a certain atmosphere.
However, the use of such music cannot be arbitrary because it concerns the
copyright of the song/music creator.
2. Definition of Music Copyright
Copyright: The exclusive right of the creator to publish and reproduce their
work (Article 1 paragraph (1) of Law Number 28 of 2014 on Copyright).
Economic Rights: The right to obtain economic benefits from a work, including
from the activities of announcing or performing music in public spaces.
3. Obligations of Business Operators
Business operators are not allowed to play music in public spaces without
permission or a license from the copyright holder/related rights owner.
Usually, permission is obtained through a Collective Management Organization
(LMK), such as WAMI (Wahana Musik Indonesia) or others, which is
authorized to collect royalties from music users.
4. Legal Basis
Law Number 28 of 2014 on Copyright
Article 9 paragraph (1) letter g: Creators or copyright holders have economic
rights to grant permission or prohibit the use of their works in the form of
communication/performance of music in public spaces.
Article 80: Anyone who commercially uses a work in the form of a performance
or communication is required to pay royalties to the creator through a Collective
Management Organization (LMK).
Regulation of the Minister of Law and Human Rights of the Republic of
Indonesia Number 20 of 2021
Regulates the procedures for the payment of song and/or music copyright
royalties through the Music and Song Information System (SILM), managed by
the National Collective Management Organization (LMKN).
5. Legal Sanctions
If business operators use music without permission or without paying royalties,
it may be considered a copyright infringement.
Based on the Copyright Law, violations may be subject to:
Civil sanctions → compensation to the creator/copyright holder.
Criminal sanctions → imprisonment of up to 4 years and/or a fine of up to IDR
1 billion (Article 113 of the Copyright Law).
6. Conclusion
✅ Business operators are allowed to play music in public spaces, provided they
have obtained permission/license and paid royalties through LMK.
❌ It cannot be done arbitrarily, because music is a work protected by
copyright.
⚖️ Legal basis: Law No. 28 of 2014 on Copyright and Ministerial Regulation
No. 20 of 2021.