WIPO Beijing Treaty on Audiovisual Performances

B9 11380. “The diplomatic conference to finalize a new treaty for audiovisual performers was successfully concluded on June 26, 2012 as negotiators from WIPO’s member states signed the Beijing Treaty on Audiovisual Performances. "The conclusion of the Beijing Treaty is an important milestone toward closing the gap in the international rights system for audiovisual performers."

The new treaty brings audiovisual performers into the fold of the international copyright framework in a comprehensive way, for the first time. The President’s gavel brought an end to over 12 years of negotiations held under WIPO auspices.

The Beijing Treaty on Audiovisual Performances (BTAP) will strengthen the economic rights of film actors and other performers and could provide extra income from their work. It will potentially enable performers to share proceeds with producers for revenues generated internationally by audiovisual productions. It will also grant performers moral rights to prevent lack of attribution or distortion of their performances.

Importantly, the new treaty will strengthen the precarious position of performers in the audiovisual industry by providing a clearer international legal framework for their protection. For the first time it will provide performers with protection in the digital environment. The treaty will also contribute to safeguarding the rights of performers against the unauthorized use of their performances in audiovisual media, such as television, film and video.

The treaty will enter into force once it has been ratified by 30 eligible parties, including countries or certain intergovernmental organizations. Signature of the treaty constitutes a preliminary endorsement by demonstrating the state’s intent to examine the treaty domestically and consider ratification, though signing does not create a binding legal obligation to ratify.

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