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Copyright on Curaçao

You are not under US law. You are not fully under Dutch law either.

  • 5 min read
  • 5 sections
  • 3 links
  • 2 videos

Curaçao has its own statute, and it is over a hundred years old. Most advice you will read online is written for a country you do not live in.

01

Three jurisdictions, one island

CURAÇAO
Auteursverordening 1913. Term: life + 50 years, counted from the DAY of death rather than the year end.And not for everything: anonymous works, and PHOTOGRAPHIC AND CINEMATOGRAPHIC works, get 50 years from first publication instead — which matters to every photographer and film-maker reading this. No registration; the right is automatic on creation. No work-for-hire for freelancers. Transfer requires a written deed (akte), read narrowly. No way to get rights back after 35 years. No statutory creator protections; amended in 2001, in force 2004.
NETHERLANDS
Auteurswet 1912. Term: life + 70. Also automatic, also akte, also no freelance work-for-hire — but with fair pay, transparency and reversion rights.
UNITED STATES
Copyright Act 1976. Term: life + 70. Registration with the Copyright Office is needed to sue. Work-for-hire exists if written and within nine categories. §203 lets you terminate after 35 years.
Read this bit twice

And be precise about Berne. Curaçao is not a contracting party in its own right — the Convention reaches the island through the Kingdom of the Netherlands, and per WIPO only the ADMINISTRATIVE articles of the current (Paris) text extend here; the substantive articles apply to the Kingdom in Europe. Curaçao therefore sits under an older version of the Convention. Your work is still protected abroad, and Berne's minimum term is life + 50 — which is exactly what Curaçao gives you and no more.

02

Nobody registers copyright here — and that is fine

The right exists the moment you make the work. There is no form to file and no fee to pay to own your song.

What you may need is proof of WHEN. BIP's i-Envelope is a dated deposit — Cg 200 for five years, Cg 250 for ten, per BIP's own published fees. (Curaçao replaced the ANG with the Caribbean guilder in 2025, so older sources quoting ANG are out of date.)BIP states plainly that it is dated proof of authorship and grants NO intellectual property right. It is evidence of a creation date, not of title, and it is not a US registration. A US registration unlocks the right to sue and statutory damages; nothing here does that. Different system, not a worse one.

The registration that DOES matter is registering your WORKS with a collecting society and with the MLC. That is a completely separate act from copyright, and it is the one people skip.

03

“Work for hire” does not work here the way it does in America — but you can still lose your copyright

A US-style “work made for hire” clause does not do what it does in America. ButDO NOT READ THAT AS “A CLIENT CAN NEVER OWN MY WORK”, because the 1913 ordinance has two routes to somebody else being treated as the author from the start:

ARTICLE 7
where work is made in someone's SERVICE, the employer is deemed the author by law, unless agreed otherwise. That is not a transfer; the employer is the original author.
ARTICLE 6
where a work is made to another person's DESIGN and under their DIRECTION AND SUPERVISION, that person is deemed the author. On its face this is NOT limited to employees. Dutch courts read the equivalent article narrowly, but the text is not employee-only, and a freelancer working to a client's brief under close supervision is exactly the fact pattern it describes.

So the accurate version: importing American contract language will not give a producer what they think it gives them, and copyright otherwise starts with the human who made the work — but “I am a freelancer, therefore it is automatically mine” is not safe. Agree it in writing.

The only way to move a copyright is an akte: a signed, written document drawn up specifically to name exactly which rights are transferred. Courts read transfers narrowly and against the recipient. Anything not clearly named stays with the writer, and boilerplate transfers nothing.

04

The clause worth more than your advance: governing law

Push every contract you sign to Dutch law.

Under Dutch law you get pay proportionate to what the deal is worth, an annual statement without having to ask, a bestseller claim if the work blows up and your fee looks absurd, the right to take rights back if they sit on the work and do not exploit it, and open-ended options over your future work are void. None of it can be signed away.

Under the Curaçao ordinance you get none of that. No statutory fair compensation, no automatic reporting, no bestseller claim, no way to get an unexploited work back.

05

Two things people get wrong about copyright here

THERE IS NO 35-YEAR CLOCK HERE. In America you can wait 35 years and take your song back even if everyone did everything right. There is no equivalent in Dutch or Curaçao law. If your deal is working, you are in it for life plus seventy. What you get instead is leverage DURING the deal.

YOUR CONSENT TO ALTERATIONS SURVIVES THE ASSIGNMENT. Article 25 of the ordinance says that where the maker has transferred their copyright, their consent is nevertheless still required during their lifetime. So selling the copyright does not, by itself, hand over the right to change the work. Where that bites: advertising, political placements, and any recut that changes what the song appears to say.

Read this bit twice

Be careful with the stronger version of this claim. It is often said that moral rights “cannot be waived” here. The Curaçao ordinance contains no such non-waiver provision — that idea comes from the MODERN DUTCH act, which does not govern this island. The ordinance also carves out changes the author could not, in good faith, refuse. Do not sign on the assumption that a waiver is automatically void.

Watch

Every video below was checked against the channel that published it.

What is Copyright? A Cartoon IntroductionWIPO — World Intellectual Property Organization
WIPO, CISAC Expand Cooperation to Support Creators in Developing CountriesWIPO — World Intellectual Property Organization
Watch

The two videos here are from WIPO, the UN body that administers the Berne Convention, and they are deliberately about copyright in general rather than any one country's law. There is still NO video anywhere covering Curaçao's own 1913 ordinance, and that gap is real. Be careful what you fill it with: almost every music-law explainer online is about US law — work for hire, the 35-year termination right, registering with the Copyright Office. None of that applies to you, and following it would cost you money. Read this section, then ask a lawyer here.

This is a map, not legal advice

This is a plain-language map of how the systems work, so you know which questions to ask and which clauses to look at. It is not legal advice about your contract. Once there is real money or a real signature involved, that is a lawyer's job — and it is cheaper than the mistake.