Rights of performers in audiovisual works


Ma. Consuelo C. Agno

The protection of performers’ rights is an important concern in the Philippines, especially because several Filipino performers of audiovisual works have achieved worldwide fame.

On the other hand, the law is deficient in so far as it fails to provide for rights specific to performers of audiovisual works. The rights of performers, in general, are among those rights protected under the Republic Act No. 8293 or the Intellectual Code of the Philippines (IP Code). These rights do not make a direct reference to performers of audiovisual works.

The IP Office of the Philippines joined the other member states of the World IP Organization in adopting the Treaty on the Protection of Audiovisual Performances (Beijing Treaty), during the diplomatic conference held in June 2012 in Beijing, China. The treaty aims to protect the rights of audiovisual performers across the world, and ensure a continuing source of revenues for these performers. For the Philippines, it will fill in the gap in the copyright law to reinforce the protection of the performers’ rights in the audiovisual field.

The treaty grants certain economic and moral rights to audiovisual performers such as actors, singers, dancers, musicians and other persons whose performances are embodied in films, broadcasts and/or disseminated online, to enable them to control the use of their creative works, taking into consideration the legitimate interests of producers and the viewing public.

performers' rights, audiovisual works, Beijing Treaty, recordings