COPYRIGHTS – BEIJING TREATY STRENGTHENS PROTECTION
April-May China Bulletin

The World Intellectual Property Organization’s Beijing Treaty on Audiovisual Performances, named in honor of the city that hosted the final round of negotiations, strengthens the intellectual property protection for actors, musicians and dancers in approximately 140 countries and territories around the globe.  It follows 12 years of negotiations and is the first successful example of international standard-setting for copyrights in 15 years.  It unifies legal norms among signing countries and territories.  The Beijing Treay will enter into force on being ratified by 30 eligible parties.

As background, the Berne Convention, first accepted in 1886, protecte intellectual property rights for creative works of authors and artists.  The International Convention for the Protection of Performers, Producers of Phonograms, and Broadcasting Organizations (Rome convention) for formulated in 1961 to extend the reach of protection beyond live audiences to recorded performances.  In 2002, the World Intellectual Property Organization Treaty on Peformances and Phonograms became effective, modernizing international standards for sound performances.

The Beijing Treaty extends protection to performers in respect of their perfomances fixed in audiovisual format, and applies principles such as national treatment.  It facilitates performers sharing proceeds generated internationally with producers, and it grants performer moral rights and other protections in the digital environment.

 

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