Legal Protection of Copyright Towards Work Piracy for ‘Paid Stories’ Written Works on Wattpad Platform: A Case Study in Indonesia

In the digital era, Wattpad makes it easy for writers to publish their work especially after Paid Stories launched openly but inevitably related to copyright issues, especially piracy. This study aims to determine the legal protection system against Paid Stories piracy in Wattpad, using a qualitative normative-empirical method, and a case study approach with the results of an interview with one of Wattpad’s active writers, focusing on Law No. 28 of 2014 concerning Copyright. To address these issues, Wattpad should enhance copyright protection through technological innovations, such as automated notifications and tracking systems to detect and flag potential infringements. Additionally, the platform could improve contractual terms for Paid Stories authors to ensure shared accountability and foster stronger collaborations with global copyright enforcement organizations. By combining legal frameworks, technological advancements, and public education, Wattpad can create a supportive environment where authors’ rights are protected, and copyright violations are minimized.

Introduction

Every country especially Indonesia has its unique cultural characteristics safeguarded by law to preserve its authenticity. This diversity is supported by various ethnicities, tribes, and religions, representing a national asset that must be preserved. This artistic and cultural wealth is a source of intellectual property that needs to be protected by law. In addition, this wealth can be used to improve industrial and trade capabilities (Sanusiet al., 2024; Sinaga, 2020). Whether aspiring or professional, writers play a significant role in this. While writers may start as amateurs or hobbyists, an author, however, is defined as someone who “made it” by formal recognition and authority, often through publishing. Nonfiction authors gained publishing contracts by showcasing their expertise or singular experiences, meanwhile, fiction authors achieved do so by excelling in narrative craft such as poetics, plotting characterization, and emotional effectiveness (Skains, 2019).

In today’s digital age, digital literacy is a form of work that is well-known to many people such as Wattpad was founded in Canada (Hoch, 2022) by Allen Lau and Ivan Yue in 2006 and became a popular digital literacy site with users all around the world. It allows writers to publish their creative work without constraints and able for it to reach readers. Wattpad become a major platform for beginning writers to readers, with a variety of conveniences available (Wattpad, n.d.).

Wattpad launched a Premium subscription in 2017. This Premium feature gives benefits to users such as ad-free experience, offline stories, exclusive profile colors, and reaction stickers as well as bonus coins with every Wattpad Coin pack purchase. In 2019, Wattpad made Paid Stories the company’s exclusive paid content program. Writers can get paid by users who purchase their stories on Wattpad (Dosu, 2019). Wattpad’s open access to digital written works creates many opportunities for amateur writers to distribute their work to the public as readers without any barriers. Many talented writers emerged after publishing their work to the Wattpad platform and being approached by Wattpad for the Paid Stories program, commercial publishers and producers to be adapted to films or drama series. However, the ease and speed with which digital written works can be accessed on the Wattpad platform presents new issues for copyright law protection, particularly given the growing number of instances of copyright infringement written works on the Wattpad platform, such as works piracy of Paid Stories to other platforms.

Piracy is defined as unauthorized reproduction, distribution, or illegal use of copyrighted material constituting a violation of copyright law. Digital technology has brought us enormous benefits such as almost cost-free copying and dissemination, however, it is also facilitating rampant copyright infringement and challenges to freedom of expression (Kojima, 2010). With advancements in technology, there was no provision for the detection of piracy for written works and creating opportunities to increase the piracy of works. While technology offers numerous benefits but also introduces negative consequences such as piracy and plagiarism. However, these two kinds of copyright infringement would look similar but have a different purpose for the culprit. Plagiarism is usually done to gain credit or moral rights, such as copying parts or even the entire written work and claiming it as one’s own by the culprit, while piracy is usually done to achieve economic goals, such as duplicating work on a platform commercially at a cheaper price without sharing any profits with the original creator of the work (Begum & Sharma, 2018).

According to paragraph 23, Article 1 Law Number 28 of 2014 concerning Copyright defines piracy, “the definition of piracy is the illegal duplication of works and/or related rights products and the distribution of goods resulting from such duplication to a large extent to obtain economic benefits.”

This research focused on works piracy committed by irresponsible parties towards Paid Stories on the Wattpad platform and how to deal with this issue based on the Paid Stories contract between the writer and Wattpad which leads to the aim to find out the form of legal protection to resolve and realization of prevention with legal action the act of work piracy of Paid Stories writers on Wattpad.

Literature Review

Intellectual Property Law and Copyright Infringement

Intellectual Property Rights (IPR) are very valuable. The existence of IPR which has the potential for high economic value causes intellectual rights to be categorized as property. The owner of an IPR has the potential to gain profits or wealth from the intellectual creations he produces (Sinuraya, 2021) one of which is the main discussion in this research is Copyright in digital written works. The relationship between copyright and freedom of expression has always been intricate and deeply interconnected, transforming over time from a regulation from stationers to a tool for authors’ rights (Kojima, 2010). The theory of intellectual property rights is also strongly influenced by John Locke's perspective. According to his book, a person has ownership rights over their creation since human birth. In this context, objects are not only tangible objects but also abstract objects, which are the products of human intellect and are referred to as property rights over intangible items (Husainet al., 2023). Copyright is born from a creative process called creating (Okoloma, 2024). In Copyright Law Article 1 Number 1 defines Copyright as the exclusive right of the Creator which emerges based on declaratory principles, a work automatically gains protection after being created in concrete form without reducing restrictions in line with real provisions without reducing restrictions following statutory provisions (Sinuraya, 2021). According to paragraph 23 of Article 1 Law Number 28 of 2014 concerning Copyright, the definition of piracy is the illegal duplication of works and/or related rights products and the distribution of goods resulting from such duplication to a large extent to obtain economic benefits (Republic of Indonesia, 2014).

Written Works in Wattpad Platform

With increasingly rapid advances and the increasing public interest in literary works, especially non-scientific written works or fictional works, writers are increasingly motivated to develop their creativity and intellect in creating works. According to Dr. Siti Fatimah, non-scientific writing is defined as an essay addressed to the general audience that contains knowledge, stories, inventions, or anything with simple presentation techniques related to things in everyday life (Hamniet al., 2023) Before the advent of electronic publishing and e-books, to publish the work usually the writers would usually send the manuscript to the publisher and the editor would evaluate its suitability for publication, and if accepted, the publisher would negotiate royalties and advances with the author or their company. From there, the publisher funded various stages, including editorial refinement, cover design, typesetting, cost analysis, production scheduling, printing, marketing, and distribution through multiple channels. However, this method is sometimes less effective because it takes a long time in the process of sending to selection and also costs especially if the writer wants to publish his work as an independent or known as self-publishing, which requires considerable capital in terms of cost or time and energy to promote the work (Hviidet al., 2019).

The creation of the online platform Wattpad in 2006 by Allen Lau and his colleague Ivan Yuen provided many conveniences for lovers of literary works, both for readers and especially writers. The popularity of the Wattpad platform skyrocketed in mid-2010 to create many talented writers in Indonesia such as the book entitled Mariposa by Luluk HF was published by Coconut Books from the Wattpad platform in 2018. The Mariposa book was made into a film in 2020, directed by Fajar Bustomi (Yulianeta, 2023). To this day, Wattpad remains the top choice for amateur writers to upload their works to be accessible to a wide range of readers. To be able to publish works on this platform, Wattpad has Terms and Conditions that must be obeyed by writers who want to make their debut there, such as being over 13 years old, having a Wattpad registered account and most importantly concerning Copyright (Wattpad Support, n.d.-a).

“Wattpad encourages all storytellers to express their creativity and imagination through original stories. We do not allow copyright infringement or piracy of any material on the platform and will remove any work that we know has been published illegally. While some users may not be aware of copyright law, we will do our best to educate and inform our community while building an engaging audience for all writers.”

Once these terms and conditions have been met by writers as Wattpad users, their work is automatically under copyright protection once it is entered in a fixed format. Wattpad also provides writers with the following copyright license options for their work (Wattpad Support, n.d.-b):

1. Copyright Protected by Law

2. Public Domain

3. Creative Commons

The publication of a writer’s work on the Wattpad platform does not mean that the copyright of the work is fully owned by Wattpad. The terms and conditions state that the author of the work is free to publish his work on any platform or delete it without being bound by Wattpad. Furthermore, Wattpad advises users to secure their copyrights by registering them with the intellectual property office in their home countries. (Wattpad Support, n.d.-b).

Method

This research uses a qualitative methodology with normative-empirical methods and a study case approach. The data sources for this research consist of primary data from statutory regulations, namely Law Number 28 of 2014 concerning Copyright, Indonesian Civil Code, and Law Number 11 of 2008 concerning Information, Technology, and Electronic also obtained interviews with one of the Wattpad writers, UA, who has been actively writing since 2016 with her three works contracted by Wattpad as Paid Stories and the secondary data that used in this research are books, journals, and websites. In concluding this research using deductive logic, which is a method of concluding general statements to get conclusions from more specific statements.

Results

Based on the interview conducted for this research, UA, a Wattpad writer active since 2016 with three of her works contracted as Paid Stories in 2021 has experienced issues related to work piracy. The terms of the Paid Stories service from Wattpad to UA are contained in an electronic contract sent via e-mail and signed by both parties.

Paragraph 17 of Article 1 of Law Number 11 of 2008 concerning Information and Technology, explained an electronic contract is an agreement between the parties made through an Electronic System, and continue in paragraph 1 of Article 18 explains that the validity of the electronic contract is upheld by law as long as they meet the requirements regulated in Article 1320 of the Civil Code, “their agreement that binds them, the ability to create an agreement, a certain thing, a legitimate cause” (Republic of Indonesia, 2008).

There a subjective conditions, which means they relate to the party who is making the agreement, while the objective conditions relate to the object being agreed upon. If the subjective conditions are not satisfied, the agreement can be canceled at the request of the party whereas if the objective conditions are not satisfied, the agreement may be null and void (Subekti & Tjitrosudibio, 2014).

The Paid Stories contract between Wattpad and UA already fulfilled the terms of the agreement regulated by Article 1320 of the Civil Code. Subjectively, both Wattpad and UA are willing to bind themselves in this agreement through an electronic contract, and they are legally adults in terms of legal capacity based on Article 330 of the Civil Code defines that individuals who have not yet reached the age of 21 years, and who have never previously been married are considered as non-adult (minor). Furthermore, the Attachment to SEMA 4/2016 on the Formulation of Civil Chamber Laws page 3 explains the context of the case (casuistry) must be seen and the legal age for contracts is 21 as defined in the Civil Code (Aryandani, 2024).

UA’s written works in the Paid Stories contract with Wattpad has elements of economic rights as regulated by Copyright Law, which means that the written work is an item that can be bought and sold, allowing both UA and Wattpad to take advantage of the economic rights of the written work. A lawful cause means something that is not prohibited by law, or contrary to morality or public order (Samudra & Hibar, 2021). The written work created by UA is lawful or not contrary to decency and public order. Thus, subjectively or objectively, the validity of the Paid Stories contract has fulfilled the terms of the agreement as regulated by law and received legal protection in Indonesia. According to Philipus M. Hadjon, legal protection consists of preventive actions to ensure the legal subjects get their opportunity to submit objections prior to the finalization of a government decision and repressive actions to resolve issues or disputes that arise (Prayogaet al., 2023).

Based on Article 40 of Law Number 28 of 2014 concerning Copyright, UA’s written work qualified for preventive and repressive legal protection as it meets the criteria as a book. Although her works are created in digital books, they have been published commercially as Paid Stories on the Wattpad platform and accessed by many people so this work has a concrete existence and is not just an idea. This interpretation is also supported by Article 40 Paragraph 3 which states that protection includes works that have been realized in a tangible form allowing duplication (Idris & Desmayanti, 2022).

Discussion

Legal Protection for Written Works in the Wattpad Platform According to Law Number 28 of 2014

With the easy access to information provided by the Wattpad platform to novice writers in this digital era creates a challenge where it can be a big disadvantage for them, namely the increasing copyright infringement in the form of work piracy. Digital piracy involves the unauthorized copying, downloading, or sharing of digital content such as music, software, movies, movies, and other copyrighted materials. This context refers to e-books (Koayet al., 2020; Lowryet al., 2017; Yoon, 2011).

According to the International Intellectual Property Alliance, Indonesia remains on the Priority Watch List for this issue and the Government of Indonesia has demonstrated a commitment to tackling digital piracy through its Copyright Law and regulations which resulted in the blocking of 215 websites that facilitated copyright infringement yet high piracy levels persist (IIPA, 2018).

In Indonesia, Law Number 28 of 2014 concerning Copyright is an umbrella for copyright works for writers and copyright holders. With legal protection that has been regulated, the author as the creator of the work together with copyright holders gets economic rights and moral rights once his work has been announced (Sinuraya, 2021).

As regulated in paragraph 1 of Article 5 of Law Number 28 of 2014 concerning Copyright moral rights are rights inherent in the creator to :

a. continue to include or exclude his name on the copy in connection with the public use of his work;

b. using an alias or pseudonym;

c. change his Creation according to societal appropriateness;

d. modify the title and subtitle of the Work; And

e. defend their rights in the event of distortion of the Work, mutilation of the Work, modification of the Work, or anything that is detrimental to their personal honor or reputation

And in paragraph 2 of Article 5 of Law Number 28 of 2014 concerning Copyright explained related to ownership of moral rights that “Moral rights as intended in paragraph (1) cannot be transferred while the creator is still alive, but the exercise of these rights can be transferred by will or other reasons in accordance with the provisions of statutory regulations after the creator dies.”

In paragraph 1 of Article 9 of Law Number 28 of 2014 concerning Copyright, it is stated that every work is good for creators and copyright holders have economic rights including:

a. publication of Works;

b. Multiplication of Creation in all its forms;

c. translation of Works;

d. adapting, arranging, and transforming Creations;

e. Distribution of the Work or copies thereof;

f. Creation Show;

g. Creation Announcement;

h. Creation Communications; And

i. Creation rental.

Paragraph 3 states that “…every person without the permission of the Creator or Copyright Holder is prohibited from duplicating and/or commercially using the work.”

The act of work piracy is an offense that is detrimental to the creator or copyright holder in terms of economic rights. Digital piracy is a more widespread issue that “poses a more serious problem in developing countries than in developed countries” such as China, Indonesia and India (Aleassaet al., 2011; Koayet al., 2020). Online writing applications make it easy for readers to enjoy other people’s work without limitations, for free, and piracy often occurs because readers can read for free just by registering (logging in) on the existing platform (Mashikaet al., 2024) What often happens in terms of work piracy on the Wattpad platform is that the person duplicating Paid Stories work and uploading it to platforms other than Wattpad Premium or selling it on e-commerce at a cheaper price without having legal proof of permission, and doesn’t give any royalties to the original creator (Auralita, 2023).

To crack down on any copyright infringement including work piracy, it is Wattpad’s policy to respond to legitimate notices of alleged copyright infringement received by immediately removing or disabling access to the allegedly infringing material. In addition to the above policy, if irresponsible individuals are found to be committing repeat offenses Wattpad will terminate the user account of the individual or actively infringe on the intellectual property rights of others (Wattpad Support, n.d.-c).

It is in line with copyright ownership which is explained in paragraph 1 of Article 1 of Law Number 28 Year 2014 on copyright that new exclusive rights arise automatically with the declarative principle. By publishing work on Wattpad, it has entered the declarative principle as the meaning of declarative in Kamus Besar Bahasa Indonesia, “declarative is a concise and clear statement”. Wattpad is a place where writers of works from beginner to professional level announce their work to the public, then further state that a copyrighted work has been acknowledged in physical form without compromising restrictions following legal regulations. The written work published on the Wattpad platform is a real form of an idea and imagination of the creator of work in the form of writing that the public can read at large (Idris & Desmayanti, 2022).

Legal Action for Works Piracy According to Law Number 28 of 2014

According to Jimly Asshiddiqie, the purpose of law enforcement is to establish and enforce standards of social and governmental behavior, including traffic rules and regulations that regulate individual behavior in society (Dahtiar, 2023). In cases of piracy of written works, legal action can be taken, either criminal or civil. To provide criminal legal action against perpetrators of piracy of written works, writers can report to the local police station with evidence such as the exclusive contract with the publisher and evidence in the form of pictures or screenshots of illegally pirated written works also sending a summons to warned perpetrators with the assistance of legal experts.

The criminal threat itself is regulated in paragraph 4 of Article 113 of Law Number 28 of 2014 concerning Copyright, it is stated that the threat of criminal sanctions for people who do without the right to pirate works protected by Copyright: “Every person who fulfills the elements as intended in paragraph (3) and commits it in the form of piracy, shall be punished with imprisonment for a maximum of 10 (ten) years and/or a fine of a maximum of IDR 4,000,000,000.00 (four billion rupiah).”

Sourced from an article entitled “Penggunaan Dan/atau” which was accessed from the official website of the Indonesia Language Development and Development Agency of the Ministry of Education and Culture, the conjunction “and/or” can be interpreted as “and” or as “or” while the slash in the word means there is a choice. The use of the word “and/or” in paragraph 4 of Article 113 of Law Number 28 of 2014 concerning Copyright means that perpetrators of work piracy can be sentenced to:

1. A maximum prison sentence of 10 (ten) years and a maximum fine of IDR 4,000,000,000.00 (four billion rupiah)

2. Imprisonment for a maximum of 10 (ten) years or a maximum fine of IDR 4,000,000,000.00 (four billion rupiah)

The person who has the authority to sentence the perpetrator of work piracy to one of the criminal sanctions (imprisonment or fine) or both is the judge at the trial (Nugraha, 2024).

As the issue still arises, writers have the option to pursue criminal or civil legal action against piracy. For criminal action, they can report to the police with evidence such as the exclusive contract or screenshots of pirated works and also send a summons to perpetrators with the assistance of legal experts. The penalties for piracy are outlined in paragraph 4 of Article 113 of Law Number 28 of 2014 concerning Copyright, with a maximum imprisonment of 10 years and/or a fine up to IDR 4 billion. In civil legal action, copyright holders can sue the perpetrator who distributes pirated books, both in offline and online bookstores through the Commercial Court by following the lawsuit procedures specified in Article 100 and Article 101 of Law Number 28 Year 2014 on Copyright. The basis for civil legal actions involving copyright issues is Article 1365 of the Civil Code concerning “unlawful acts” (onrechtmatige daad) (Suratno, 2015).

Conclusion

Paid Stories on Wattpad are legally protected by Law Number 28 of 2014 concerning Copyright in Indonesia, allowing legal action against any infringements. However, the Paid Stories has weaknesses, particularly due to Wattpad’s global reach. This approach limits the effectiveness of centralized copyright protection on the platform. Under Indonesian law, legal actions against copyright violations include filing police reports, sending legal summons, or submitting civil lawsuits to the Commercial Court with the assistance of legal experts. However, these processes are time-consuming and often inaccessible to independent authors, particularly those lacking legal expertise. As a preventive measure, Wattpad should invest in technological innovations as the copyright holder for Paid Stories. For example, implementing automated notifications or tracking systems to detect and flag potential copyright infringements can significantly enhance the protection of authors’ works.

In addition, Wattpad could introduce clearer contractual terms for Paid Stories authors, ensuring shared accountability between the platform and authors for addressing copyright infringements. Strengthening partnerships with global copyright enforcement organizations could also provide a more unified and proactive approach to tackling violations. With combination of robust legal frameworks, technological innovations, and comprehensive public education is essential to create an environment where authors’ rights are effectively protected and copyright disputes are minimized.