New WIPO Treaty on Audiovisual Performances
After twelve years of negotiations in the framework of the World Intellectual Property Organization, a new Treaty on Audiovisual Performances was adopted this weekend in a diplomatic conference in Beijing.
The Beijing Treaty on Audiovisual Performances (BTAP) strengthen the economic rights of film actors and other performers in the sense that any exploitation whatsoever of their performances need their authorisation. The treaty also grants them moral rights to prevent lack of attribution or distortion of their performances. Such protection will be applicable not only to national of contracting parties but also to performers having their habitual residence in a contracting party.
The BTAP is the first international treaty on the protection of audiovisual performers. Neither the Rome Convention nor the WPPT include this category of performers in their scope of application. During the diplomatic conference that led to the adoption of the WIPO Internet Treaties, delegates could only reach an agreement on a Resolution concerning Audiovisual Performances. As Francis Gurry, WIPO Director General, said in the diplomatic conference the BTAP “is an important milestone toward closing the gap in the international rights system for audiovisual performers”.
It should be recalled that the Treaty is not yet applicable. It will enter into force once it has been ratified by 30 “eligible parties” – e. i. States or Regional Economic Organisation such as the European Union. After that, contracting parties will need to adapt their national regulation on the protection of audiovisual performers to the text of the Treaty.
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