Rasa this!

I don’t have anything personal with malaysians but To be honest, I’m really upset with Malaysia is acting up latey. The country makes impression that it could just take away every culture ( songs, batik etc ) from Indonesia. You know, we may be “serumpun” long time ago, BUT after years and years Indonesia culture have built it’s own characteristic and it is very different with Malaysia culture. So, It’s normal If I feel excrutiatingly upset. I read about what Firda writes,
Excerpt , ” When we were in Richmond, BC, we went to a couple of Southeast Asian restaurants. It’s funny that a lot of the stuff in the menus that they claimed to be Malaysian was what I know to be Indonesian. Like Gado-Gado. Gado-Gado is SO Indonesian but in the menu it was described as Malaysian vegetable salad with peanut sauce. ”

Firda’s blog

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And oh where is my manner, Thank you for Unspun for letting me writing thoughts in your blog. You’re really are open-minded person.

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75% of all Peninsular “Malays” are Javanese. An additional 20% are from the rest of Indonesia. And the final few odd numbers here and there are not even from this region. Yet, they call themselves “Malay”. The only “excuse” Malaysia has is that they are migrants from Indonesia. And by migrating, they can claim the song and so on from their original homeland (Indonesia). If you can get them to admit that, then let them use the songs, coz it’s as theirs as it is Indonesians, since they are one and the same. However, Malaysian “Malay” will spit at you if you tell them that they are not “Sons of Malaysian soil”; thereby denouncing all special rights on the potato shaped peninsular.
FYI, Tengku Adnan’s “tengku-ship” is apparently derived from his Pasai ancestors. And has nothing to do with any of the Malaysian Royalty at all. Let him be the first to admit that he’ of Indonesian origin, and maybe Indonesia can accept (with reluctant gritting teeth) that he can use the song after all. Until then… no-way-jose. Keep your songs where they belong….. in Indonesia!!!! And claim it as rightfully yours! Wanna share? then claim that you are Indonesians as well. I’m sure that Indonesia wouldn’t mind then… am I right? Smack me silly if I’m not. 😛

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Nicely put MC

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BTW, most of the local folklores and legends passed down by our ancesters, thought in textbooks or story books have never stated it’s place of events. Had anyone done any reasearch of it or even to find out whether it’s just fiction or an event.
Of course it’s nice to know where it originated too (^_^)
Some events might have happenned and seen by a few people and spread out in their own versions of the epic. Now it spread to a few thousands of people and even millions but all slightly different versions, who could claim to be the original storyteller?

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MC: Dear Vic.Kyle.Ellanne, You have very interesting questions. Ones which I can’t help but try to answer for you. 🙂 Please however, refer to the Bernie Agreement for exacting details. Below are the rather standard answers to your queries. (As best that I know)

“…Could anyone enlighten me how long does an interlectual property must last in a certain society or people until it become part of a culture or tradition?…”
MC: This is not explicitely covered in the Bernie Agreement. But generally, can you see someone claiming ownership to “Happy Birthday” ? Generally, the term cultural song, or traditional song would refer to songs where no official written records exist, and where no one alive can remember who originally sang it. Ie, his grandfathers’ grandfather sang the same songs, etc.

Who claims the ownership when the original person(s) invented it die(s) off and the new owner can own it for how long?
MC: In the modern context, There are various copyright owners to a single song. First, the Songwriter/ Composer, then the Singer, Lyricist, Arrangement, Musician(s), Recording Studio, Recording Company and so on. Each one holds the exclusive rights unless they/ he/ she had signed it away on the contract. If the individual / company owned it, then he/ she/ they has the right to the song 50years beyond his/ her death. Companies are subject to something slightly different. (I forget what it is. Please refer to the Bernie Agreement.)

Could the ownership be claimed by a certain group of people or country?
MC: Strictly speaking, and in the modern context, under the Bernie Agreement, no. However, there is usually some ambigiuty if that song is the National Anthem. The songwriters have mostly long died.

If a group of people owns it, what happens to the ownership when this group of people starts to migrate?
MC: Kylie Minogue will continue to own her song copyrights regardless of where she goes to; or chosses to migrate to.

Can anyone patent / copywrite / trademark the property again when it has lapse with no renewal or no one ever did it?
MC: All Elvis songs have expired. (Yes, he died more than 50years ago) And I believe Marie Presly has renewed certain rights, but not all. please check to get exacting details.

Does the same interlectual property laws applies to all countries?
MC: All countries in the world are signatories under the Bernie Agreement except for China. What this means is that officially, China will not respect, and can copy any intellectual property. Similarly, anyone can copy any intellectual property of China without having to pay a single cent. (This may have changed if China has signed the Bernie Agreement lately. Again I am not certain. But I do know that China was not on the original list when the Bernie List first came out. )

Due to globalisation (human migrations), cultures and languages will be changed from time to time and new things may be added or some left out and some crossed or localised. Could it then claim the new versions as theirs?
MC: Dick Lee from Singapore did a very humorous version of Rasa Sayang (Mad Chinaman Album) in the mid/ late 80’s, and no one sued him at all…… BTW, he also sang Bengawan Solo, in the same album; which was a rather soothing version.

If a large region shares a similiar culture and was then divided by borders, who then could claim the culture origin?
MC: This is out of the Bernie definition. but IMHO, can China sue Malaysian Chinese for singing the Gong Xi Fa Chai song? We know that have made hundreds and hundreds of new versions every year.

Could a country claims a culture of it’s regions as it’s culture and use it for it’s own benefit?
MC: It’s been done time and again. But it is unlikely, as it not representative. Can you see Malaysia adopting a Hokkien song as its new Natinal Anthem?

Even if this culture belongs to one of the minority group in the country?
MC: Taiwan seems to be promoting the Alisan a lot lately. Especially since the “birth” of Ah Mei. The Alisan are a minority, but Taiwan seems to have no problems whatsoever using Alisan materials in all their publicity materials. Perhaps if your PM, Badawi were to convert and become a Catholic, then he might consider using Iban materials as the flagship icons of Malaysia. After all, 75% of all who live in East Malaysia are Catholics anyway. And since he is part Hainanese part Pakistani… you never know.

How many generations must a family be rooted before he could claim local-ship?
MC: Careful, you are asking a politically biased question.

e.g. I’m a third generation Chinese in Malaysia, does it make me a Malaysia local or not?
MC: You are a Malaysian Citizen. You are not a local in the true sense of the word. Local would refer to the Orang asli, who have been here 60,000yrs ago. Malays migrated here from Indonesia (among many other countries) only 3,000yrs ago. However, the majority of them arrived less than 100yrs ago. Mostly brought over by Najib’s Daddy.

However, according to the Malaysian constitution, you can not only change your race, but become an instant full fledged local by converting to Islam. The Sabah Minister has publicly announced that it’s easy to become a Malay. If you think that I’m talking rubbish, please be informed that it is not my policy. It’s Malaysian policy. I keep telling people that you cannot change races like you change your underwear, but no Malay seems to want to listen….

How about Indonesia Chinese?
MC: Chinese who reside in Indonesia.

How about the Peranakan which has rooted here since hundreds of years ago?
MC: Ironic that you should bring the Peranakans up. Did you know that they were once Bumiputra? (NO JOKE) Then for some strange reason they got “declassified” and became “un-sons of the soil” in 1963 when Malaya became Malaysia. However, the Portuguese and the Dutch are Bumiputra, even thought they clearly arrived 100 to 200 years AFTER THE BABA’s. Strange isn’t it?

So many questions? Someone please advise.
MC: My pleasure to inform. Wanna read more? Please visit

http://scottthong.wordpress.com/2007/10/03/anthropological-definition-of-malay/

for my latest update on the origins of the Malays. It would give you a much clearer picture of what actually happened. The Malaysia Today version is a little bit older and does not contain my newly researched materials.

You’re Most Welcome.

Truly Asia Boleh

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