Beijing Treaty on Audiovisual Performances

Last updated

Beijing Treaty on Audiovisual Performances
AudiovisualPerformancesTreaty.svg
Parties to the convention
Signed24 June 2012 (2012-06-24)
Location Beijing, China
Effective28 April 2020 [1]
Condition30 ratifications [2]
Signatories74 [1]
Parties37 (As of December 2020) [1]
DepositariesSecretary-General of WIPO
LanguagesArabic, Chinese, English, French, Russian and Spanish (and any other language on the request of an interested party)

The Beijing Treaty on Audiovisual Performances is a multilateral treaty which regulates copyright for audiovisual performances and expands the performers' rights. It was adopted on 26 June 2012 by the Diplomatic Conference on the Protection of Audiovisual Performances of the World Intellectual Property Organization, in which 156 WIPO member states, six intergovernmental, and six non-governmental organizations participated. Forty-eight countries signed the treaty on 26 June, followed by 19 other countries in 2012 and 2013. The treaty entered into force on 28 April 2020 following the receipt of the 30th ratification or accession and as of August 2021 has 42 contracting parties. [1] [3]

Contents

The treaty has been praised by artists' and performers rights advocates around the world as well as some activist nonprofits such as Knowledge Ecology International, but has also been criticized by some digital rights and free culture activists such as the Electronic Frontier Foundation (EFF) as an infringement on free speech, and aiding censorship schemes.

Adoption

Negotiations for the treaty lasted 12 years. It was adopted on 26 June 2012 by WIPO's Diplomatic Conference on the Protection of Audiovisual Performances, which began on 20 June in Beijing. 156 WIPO member states, six intergovernmental and six non-governmental organizations participated in the conference. [4] It is the only international IP treaty named for a Chinese city. [5] : 185 

The Final Act of the treaty was signed by 122 countries, and the treaty itself collected 48 country signatures. [4] Signatories from Europe include Cyprus, Denmark, France, Hungary, Italy, Moldova, Spain, Switzerland; from Americas, Chile, Colombia, Grenada, Costa Rica, Haiti, Jamaica, Mexico, Nicaragua, Peru and the United States of America; and from Asia, China, Mongolia, South Korea. [1] The convention remained open for signature for one year. During that time, 19 additional countries and the European Union joined as signatories (Austria, Belgium, Bulgaria, Botswana, Czech Republic, El Salvador, Estonia, Germany, Greece, Guatemala, Honduras, Indonesia, Montenegro, Poland, Qatar, Romania, Slovenia, the United Kingdom, and Zimbabwe). Further countries may become a party to the treaty through accession. The treaty has not entered into force until it has been ratified by at least 30 eligible parties. [4]

In February 2016, U.S. President Barack Obama submitted the treaty to the U.S. Senate for ratification. [6] With the ratification of Indonesia on 28 January 2020, the Beijing Treaty entered into force for its 30 contracting parties on 28 April 2020. WIPO member states in 2012 approved the Treaty at a Diplomatic Conference hosted by the Chinese Government in Beijing, from where the Treaty takes its name. [7]

As of March 2, 2021, the treaty is not in force in either the EU, UK or US. [1] Signatories to the treaty must also ratify the treaty for it to be considered "in force".

Scope

The treaty is a multilateral treaty which regulates copyright for audiovisual performances. [4]

According to WIPO "the new treaty brings audiovisual performers into the fold of the international copyright framework in a comprehensive way, for the first time", referring to the clauses dedicated to protecting their works on the Internet. [4] It addresses the issue of the copyright system discriminating against certain groups of performers, as the previous treaties, such as WIPO Performances and Phonograms Treaty, focused more on the sound than visual aspects. [8] WIPO states that the treaty boosts the economic rights and moral rights of audiovisual performers (the performers' rights). The expanded economic rights give them an opportunity to share the income collected by producers from internationally distributed audiovisual works. The moral rights address issues such as lack of attribution and distortion. [4]

Praise

The treaty has been praised by a number of audiovisual performers. Publicity was provided by the presence and support from several world-famous actors, namely American Meryl Streep, Brazilian Sônia Braga, Chinese Mei Baojiu and Spanish Javier Bardem and Antonio Banderas, who spoke out on several instances endorsing the treaty. [4] Government representatives from China, EU, and the United States also supported the initiative. [4] [9] Organizations supporting the treaty include the International Intellectual Property Alliance. [9]

Criticism

The treaty has been criticized by digital rights and free culture scholars and activists, for giving the actors a monopoly on deciding how their audiovisual performances can be used. The performers in question no longer have to hold the copyright to their work for that purpose critics claim, it is possible that the new treaty would make it increasingly illegal to use clips from movies, TV series, and other such preferences in mash-ups, remixes, and parodies. [10] There are fears that this would allow actors and musicians (who are also covered by the treaty) to shut down any such parody or commentary not to their liking, thus infringing on free speech and limiting fair use and similar reuse rights. [10] [11] Professor Hannibal Travis noted that the treaty makes it easier to set up censorship schemes. [9] Techdirt has remarked that the treaty also allows for those new rights to be transferred to the producers, which can lead to a system where the performers are forced to do so, thus further strengthening the producers and organizations like RIAA and MPAA. [10] [11]

Related Research Articles

<span class="mw-page-title-main">World Intellectual Property Organization</span> Specialised agency of the United Nations

The World Intellectual Property Organization is one of the 15 specialized agencies of the United Nations (UN). Pursuant to the 1967 Convention Establishing the World Intellectual Property Organization, WIPO was created to promote and protect intellectual property (IP) across the world by cooperating with countries as well as international organizations. It began operations on 26 April 1970 when the convention entered into force. The current Director General is Singaporean Daren Tang, former head of the Intellectual Property Office of Singapore, who began his term on 1 October 2020.

Intellectual property rights (IPRs) have been acknowledged and protected in China since 1980. China has acceded to the major international conventions on protection of rights to intellectual property. Domestically, protection of intellectual property law has also been established by government legislation, administrative regulations, and decrees in the areas of trademark, copyright, and patent.

The Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations also known as the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations and the Rome Convention, 496 U.N.T.S 43, was accepted by members of the United International Bureaux for the Protection of Intellectual Property (BIRPI), the predecessor to the modern World Intellectual Property Organization, on 26 October 1961. The Diplomatic Conference was jointly convened by BIRPI, the International Labour Organisation, and the United Nations Educational, Scientific and Cultural Organization. The agreement extended copyright related rights protection for the first time to entities or individuals who are not the author but have a close relationship to a copyrighted work, including performers, sound recording producers and broadcasting organizations. As of August 2021, the treaty has 96 contracting parties, with a party defined as a State which has consented to be bound by the treaty and for which the treaty is in force.

The international copyright relations of Russia were virtually non-existent for much of the Imperial era continuing into the history of the Soviet Union until the Cold War. The Russian Empire had only a few bilateral copyright treaties with other nations were concluded; these treaties moreover were weak and of short duration. The treaties from Imperial times had all expired by the time of the Russian Revolution.

<span class="mw-page-title-main">Berne Convention</span> 1886 international assembly and treaty

The Berne Convention for the Protection of Literary and Artistic Works, usually known as the Berne Convention, was an international assembly held in 1886 in the Swiss city of Bern by ten European countries with the goal to agree on a set of legal principles for the protection of original work. They drafted and adopted a multi-party contract containing agreements for a uniform, border-crossing system that became known under the same name. Its rules have been updated many times since then. The treaty provides authors, musicians, poets, painters, and other creators with the means to control how their works are used, by whom, and on what terms. In some jurisdictions these type of rights are being referred to as copyright.

<span class="mw-page-title-main">African Regional Intellectual Property Organization</span>

The African Regional Intellectual Property Organization (ARIPO), formerly African Regional Industrial Property Organization, is an intergovernmental organization for cooperation among African states in patent and other intellectual property matters. ARIPO was established by the Lusaka Agreement of 1976. It has the capacity to hear applications for patents and registered trademarks in its member states who are parties to the Harare (patents), Banjul (marks) and Arusha protocols. ARIPO also features a protocol on the protection of traditional knowledge, the Swakopmund Protocol, signed in 2010 by 9 member states of the organization which entered into force on May 11, 2015, and was amended on December 6, 2016.

<span class="mw-page-title-main">TRIPS Agreement</span> International treaty on intellectual property protections

The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is an international legal agreement between all the member nations of the World Trade Organization (WTO). It establishes minimum standards for the regulation by national governments of different forms of intellectual property (IP) as applied to nationals of other WTO member nations. TRIPS was negotiated at the end of the Uruguay Round of the General Agreement on Tariffs and Trade (GATT) between 1989 and 1990 and is administered by the WTO.

<span class="mw-page-title-main">Justin Hughes (law professor)</span>

Justin Hughes is the William H. Hannon Professor of Law at Loyola Law School, Los Angeles, where he teaches courses in intellectual property law, international trade, and internet law. As a scholar he has emphasized philosophical and historical issues in intellectual property, focusing on copyright, trademarks, and geographical indications. He led United States delegations to international negotiations on copyright.

<span class="mw-page-title-main">Intellectual property in Iran</span>

Iran is a member of the WIPO since 2001 and has acceded to several WIPO intellectual property treaties. Iran joined the Convention for the Protection of Industrial Property in 1959. In December 2003 Iran became a party to the Madrid Agreement and the Madrid Protocol for the International Registration of Marks. In 2005 Iran joined the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration, which ensures the protection of geographical names associated with products. As at February 2008 Iran had yet to accede to The Hague Agreement for the Protection of Industrial Designs.

The copyright law of Panama is primarily based on 1994 legislation, known as Law 15. The history of Panamanian intellectual property legislation dates to the 19th century. Only recently has copyright in Panama became seriously enforced, with past international criticism focusing on insufficient effort to enforce intellectual property laws. A new 2012 law has attracted concerns in the opposite direction, with many criticising it for being too draconian.

<span class="mw-page-title-main">Marrakesh VIP Treaty</span> 2016 Copyright treaty

The Marrakesh VIP Treaty is a treaty on copyright adopted in Marrakesh, Morocco, on 27 June 2013. It achieved the deposit of 20 instruments of ratification or accession by eligible parties needed for entry into force on June 30, 2016 and entered into force three months later, on September 30, 2016. As of February 2023, the treaty has 93 contracting parties covering 119 WIPO Member States because the European Union joined as a block.

Copyright law in Syria is regulated by the Copyright and Neighbouring Rights Law issued by Legislative Decree No. 62 of 2013. The Syrian Ministry of Culture, through its Copyright Office, is generally in charge of proposing copyright legislation to Parliament.

The Constitution of Azerbaijan generally recognizes the right to intellectual property (IP), and ensures the protection of IP rights of all persons. In order to clarify the norm of Constitution, and establish the legal basis of the protection of intellectual property rights, the parliament of Azerbaijan approved some laws, and ratified international agreements.

Audiovisual performances are performances by performers such as singers, musicians, dancers and actors in Audiovisual Media such as a DVD, a music video or any other audiovisual platform. The World Intellectual Property Organization (WIPO) has prepared a number of analyses and surveys mapping the protection of audiovisual performances in many different countries. Until 2012 audiovisual performances were denied any meaningful protection at international level. The WIPO multilateral treaty acknowledging for the first time the intellectual property rights of performers with regard to their audiovisual performances called the Beijing Treaty on Audiovisual Performances.

<span class="mw-page-title-main">Copyright law of Moldova</span>

The copyright law of Moldova regulates the copyright laws of Moldova. The first official decree related to copyright in the country was made on 25 November 1991, shortly after its independence on 27 August of the same year. On 25 May 1991, the State Agency on the Protection of Industrial Property (AGEPI) was created, making it the second copyright agency in the country together with the State Agency for Copyright (ADA). In 1993, Moldova signed an agreement on cooperation in the protection of copyright and the related rights between it and other countries, all members of the Commonwealth of Independent States (CIS), which only came into force in 1999. By the time of this year, Moldova had already created its official copyright law: Law No. 293-XIII, from 1994 but applied since 1995.

References

  1. 1 2 3 4 5 6 "WIPO-Administered Treaties | Contracting Parties > Beijing Treaty on Audiovisual Performances (Treaty not yet in force)". World Intellectual Property Organization. Retrieved 13 January 2020.
  2. ↑ "Summary of the Beijing Treaty on Audiovisual Performances (2012)". World Intellectual Property Organization. Retrieved 18 June 2019.
  3. ↑ "Beijing Treaty on Audiovisual Performances". www.wipo.int. Retrieved 1 September 2021.
  4. 1 2 3 4 5 6 7 8 "WIPO Beijing Treaty on Audiovisual Performances is Concluded". World Intellectual Property Organization. 26 June 2012. Retrieved 26 June 2012.
  5. ↑ Cheng, Wenting (2023). China in Global Governance of Intellectual Property: Implications for Global Distributive Justice. Palgrave Socio-Legal Studies series. Palgrave Macmillan. ISBN   978-3-031-24369-1.
  6. ↑ "Message to the Senate—The Beijing Treaty on Audiovisual Performances". The White House. Office of the Press Secretary. 10 February 2016. Retrieved 11 February 2016.
  7. ↑ Dinesh, Singh. "Beijing Treaty on Audiovisual Performances Comes into Force". ABC Live India. Retrieved 1 February 2020.
  8. ↑ "Negotiators Set to Wrap-up Talks on New Treaty to Improve Actors' and other Performers' Rights in Audiovisual Productions". World Intellectual Property Organization. WIPO. Retrieved 30 August 2012.
  9. 1 2 3 "WIPO Lauded For New Beijing Treaty on Audiovisual Performances | Intellectual Property Watch". Ip-watch.org. Retrieved 30 August 2012.
  10. 1 2 3 "WIPO Is Quietly Signing An Agreement To Give Hollywood Stars Their Own Special Version of Copyright". Techdirt. 26 June 2008. Retrieved 30 August 2012.
  11. 1 2 "Beijing Treaty on Audiovisual Performances: We Need to Read the Fine Print". Electronic Frontier Foundation. 24 July 2012. Retrieved 30 August 2012.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.