UK signs Beijing Treaty on Audiovisual Performances
On June 12, the UK signed the World Intellectual Property Office’s Beijing Treaty on Audiovisual Performances.
The treaty, which was finalised in June 2012 after 12 years of negotiations, includes new standards hoped to protect performers, including actors, dancers, singers and musicians, by granting them more control over their artistic works in a “clearer international legal framework.”
It will give artists the right to control the broadcast, copying and distribution of their audiovisual performances, both offline and online, which will in turn prevent lack of attribution or distortion to their works and guard against the unauthorised use of performances.
The UK minister for IP, Lord Younger, said in a statement at the signing: “Today’s signing marks a significant breakthrough in providing better protection for those in the creative arts.
“The treaty recognises the value of creative artists whose performances we enjoy in our cinemas, at the theatre and on television.
He added: “This treaty adds to the measures that the government is pursuing in creating the right environment for a stronger creative industry sector in the UK.”
Trevor Cook, partner at Bird & Bird in London, said that UK law requires only minimal amendment to comply with the Beijing Treaty, so it is unclear why the UK has taken so long to sign.
“Laws of European Union member states should already be compliant with the Beijing Treaty,” he said.
“The only area where EU law doesn’t have anything to say in relation to the subject matter is in the area of moral rights in performances, which is to an extent already a part of UK law.”
Cook said the treaty reflects “an increasing recognition of the important creative contribution of performers,” and noted that previously there was only international recognition of performers in the context of sound recording, as opposed to the entire audiovisual performance.
“There was never any real justification for drawing a distinction,” he said.
However, the treaty has been criticised by some who argue that if ratified, artists will have an enhanced monopoly on the use of their works, which by making it increasingly difficult to create parodies or use copyrighted works for the purpose of commentary, could stifle free speech.
Fifty-seven contracting parties have now signed the treaty, which has so far been ratified by one country (Syria). The treaty must be ratified by 30 contracting parties in order to come into force.
According to the UK Intellectual Property Office website, the EU is expected to sign the treaty shortly.
