WIPO presents draft treaty on performers’ rights in audiovisual productions

This week, talks on a new international agreement on the protection of intellectual property rights of performing artists are being held by a WIPO Conference in Beijing, China. WIPO is the United Nations Agency that deals with international intellectual property policy. The adoption of a new instrument would strengthen the precarious position of performers in the audiovisual industry by providing a clearer international legal framework for their protection, according to the Director-General of the World Intellectual Property Organisation (WIPO), Francis Gurry. He said. ”I hope that this week will demonstrate also that there is universality of agreement on the value of those performances and the need to protect them.” The Conference, which will run through June 26, 2012, also recognizes the contribution of audiovisual performers to society, culture and education,. “Actors and audiovisual performers are fundamental to our capacity to experience the art that an author or composer has created,” Mr. Gurry said. ”Their performances instruct, move and enrich us and are intrinsically worthy of protection.”

The Diplomatic Conference on the Protection of Audiovisual Performances is the culmination of over twelve years of negotiations. It is expected to result in a treaty that will strengthen the economic rights of performing artists in audiovisual productions. According to WIPO, many struggling film actors and other performers could generate extra income from their work if their rights are clarified and enforceable. The proposed treaty 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.

Notably, for the first time, there is an endeavour to conclude an international agreement that would provide performers with protection in the digital environment.  Such an instrument would also contribute to safeguarding the rights of performers against the unauthorized use of their performances in audiovisual media, such as television, film and video.

Negotiations leading up to the conference have resulted in a "basic proposal"  that will be submitted to the Beijing meeting this week. These documents are available here.

Source: WIPO press room

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