WILLEMSTAD - There has been an ongoing dispute between the organization Ducapro and local stakeholders regarding the collection of licensing fees for the use of musical works in Curaçao. Ducapro, the Dutch Caribbean Performing Rights Organization, is tasked with representing local and international authors and artists, collecting fees for the use of their works. Ducapro has continued its efforts in sister island Aruba, and the threat of the controversy reaching Curaçao is becoming a reality. The MAN-PIN parties say they are convinced that local music authors, broadcasters, Horeca establishments, event organizers, along with the government, must take decisive action to prevent the controversy from escalating to the detriment of the entire community.
Information available to MAN-PIN indicates that Ducapro has reached an agreement with SOCAN to administer author's rights in Aruba, Curaçao, Bonaire, and St. Maarten. SOCAN is a Canadian organization that administers licenses for the use of music. Similar organizations exist in the Kingdom, such as BUMA and STEMRA, aiming to protect the rights of music authors worldwide, which is fair.
However, the administration of licensing and the collection of author's rights and other rights by Ducapro, as presented, create a problem that can negatively impact socio-economic and cultural developments in Curaçao. The main problematic points can be summarized as follows:
Media reports mention a monthly fee of 3,000 guilders for licenses for broadcasters. This will increase business expenses and affect the income of local broadcasters. Consequently, job vouchers for those working in the sector may be at risk.
Additionally, it is logical that the sector, which generates income through advertising, will increase its rates to cover these expenses. This will raise expenses for local companies, and ultimately, consumers will pay more, making life in Curaçao more expensive every day.
Likewise, this applies to establishments such as hotels, restaurants, cafes, and event organizers. Payment for licenses to Ducapro will signify an increase in expenses, ultimately borne by the consumer.
However, in the event of no agreement, Ducapro can seek its rights in court. If we are aware that this concerns both registered local works (e.g., in ASCAP or BUMA/STEMRA) and works by foreign authors from outside our island, local businesses will face challenges in such a case. The option not to touch any works by foreign or local authors with registered works is also not realistic. A significant number of local authors will be severely affected if broadcasters stop playing their works. In such a case, our entire cultural development is at risk.
Establishments relying on foreign visitors and offering international music in their establishments will suffer, impacting our tourism product.
Ducapro determines the license fee based on its own method. By doing so, businesses are at the mercy of Ducapro without considering very small businesses or those that merely generate income to cover their current expenses.
Is the government turning a blind eye? The MAN-PIN parties says they believe that the government needs to take control of the situation. There are different sectors involved with significant conflicting interests.
The parties have a recommendation.
The government or ministers in charge of culture, entertainment, and Horeca can regulate license fees when the general interest is at stake. By doing so, the government can exempt businesses that may be affected in a way that licensing and collection do not undermine their existence. The government can also negotiate with Ducapro on behalf of all involved sectors to ensure that practically all income goes back to the author for cultural and touristic development and media growth. The government should ensure that only a small portion remains for administration. To do this, all stakeholders and those who may be affected need to come together in a transparent manner and reach a joint approach.