Beijing Treaty on Audiovisual Performances
On June 22, 2015, the government of Chile deposited the instrument to ratify the Beijing Treaty on Audiovisual Performances. Said treaty was adopted on June 24, 2012 and it deals with the intellectual property rights of performers in audiovisual performances. Chile is the first Latin American Country to ratify it.
The Beijing Treaty will enter into force three months after 30 eligible parties have deposited their instruments of ratification or accession. This treaty is not yet in force. Although 74 countries have signed the Beijing Treaty, only 5 have ratified it (Syrian Arab Republic; Republic of Botswana; People’s Republic of China; Republic of Chile; State of Qatar).
Basically, it grants performers four types of economic rights for their performances fixed in audiovisual fixations, such as motion pictures: (i) the right of reproduction; (ii) the right of distribution; (iii) the right of rental; and (iv) the right of making available. As to unfixed (live) performances, the treaty grants performers the following economic rights: (i) the right of broadcasting (except in the case of rebroadcasting); (ii) the right of communication to the public (except where the performance is a broadcast performance); and (iii) the right of fixation. The treaty also grants performers moral rights, that is, the right to claim to be identified as the performer, and the right to object to any mutilation or other modification that would be prejudicial to the performer’s reputation.
For more information about the Beijing Treaty, please click here