Court frees artist charged with copyright breach

Andra Wisnu ,  The Jakarta Post ,  Denpasar   |  Sat, 10/11/2008 11:27 AM  |  Bali

The Denpasar District Court has declared artist Denny Aryasa not guilty of violating copyright laws, relieving the Balinese artist community's fears of litigation.

Denny was found not guilty Friday of copyright infringement over the sale of silver jewelry decorated with a crocodile motif prosecutors claim was already protected by PT Karya Tangan Indah (KTI). Prosecutors argued the motif was copyrighted by the company under the name Batu Kali, or "river stones".

Judges said prosecutors failed to show evidence that Denny had copied the Batu Kali motif, citing basic differences in the development of the two designs.

"The Batu Kali took its inspiration from the pattern created by stones lying on a river bed, while the crocodile design was inspired by the pattern of a crocodile's scales from its neck down to its belly," judge Made Seraman said in handing down the verdict.

"Furthermore, the crocodile has a fibered pattern without any gap, while Batu Kali has gaps and no fibered pattern. This disproves the allegation that Denny's pattern is a copy of the Batu Kali design."

Judges ordered Denny to be released immediately. He had served a 40-day term in Kerobokan prison, Denpasar, after his arrest and was under house arrest during the trial. The prosecutor had asked the judges to sentence Denny to two years in prison.

Applause broke out after judges declared Denny's innocence. "Long live Bali!" a woman in the front row yelled on hearing the verdict.

The case sparked outrage among Balinese artisans after it was revealed in court that KTI had submitted copyright applications for as many as 1,200 Indonesian motifs in the United States, 800 of which have been approved.

One such motif is the fleur motif, copyrighted by KTI designer Guy Rainier Gabriel Bedarida. The Balinese artistic community has accused KTI of stealing the design from Bali's traditional patra motif.

KTI has repeatedly denied it tried to copyright traditional Indonesian motifs, claiming it was seeking overseas copyrights of the company's original designs.

Many Balinese artisans saw the case as a precedent for the government to do more to protect Bali's motifs from being exploited by foreign companies.

Denny, visibly shaking as he left the courtroom, said he was glad justice prevailed throughout his trial.

"I hope all my fellow artisans will no longer be afraid to create art because of those capitalists. We have to show the international world that we, Indonesian artisans, Balinese artisans, can compete in the world," Denny said.

"I also hope that all of our motifs that have been stolen will be returned to our people. Those motifs were created by our ancestors and we have to preserve them."

KTI is a subsidiary of a Hong Kong based company owned by John Hardy. In a written statement released after the trial, Hardy said he regretted the court's decision because it further clouded the nation's investment climate.

Both KTI and the prosecution team said they would consider an appeal. The verdict becomes legally binding after seven days.

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