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4/25/2023

The Beijing Treaty: Copyright in the digital age

In this article we explore the Beijing Treaty on Audiovisual Performances (2012), its objectives and its impact on global copyright protection.

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The Beijing Treaty, also known as the Beijing Treaty on Audiovisual Performances, is an international treaty signed in 2012 under the auspices of the World Intellectual Property Organization (WIPO). This treaty aims to improve copyright protection for performers in the field of audiovisual productions. This article examines the background, key provisions and implications of the Beijing Treaty for copyright protection worldwide.

The background

The need for an international treaty specific to audiovisual performances arose from the rapid development of digital technologies and the growth of the entertainment industry worldwide. Prior to the Beijing Treaty, audiovisual performances were not adequately protected by existing international treaties, such as the 1961 Rome Convention and the 1996 WIPO Copyright Treaty (WCT). These treaties did not specifically address issues related to audiovisual performances in the context of digital technologies.

Key Provisions of the Beijing Treaty

The Beijing Treaty establishes a number of rights for performers in the field of audiovisual productions, including

The right of reproduction

The right to authorise or prohibit the direct or indirect reproduction of their audiovisual performances.

Distribution right

The right to authorise or prohibit the distribution to the public of copies of their audiovisual performances.

Rental right

The right to authorise or prohibit the commercial rental of copies of their audiovisual performances.

Right of communication to the public

The right to authorise or prohibit the communication and retransmission to the public of their audiovisual performances.

Right of fixation

The right to authorise or prohibit the fixation of their audiovisual performances on tangible supports.

Impact of the Beijing Treaty

Since its adoption in 2012, the Beijing Treaty has been ratified by many countries and entered into force in 2014. This treaty has created a strong legal framework for copyright protection of audiovisual performances worldwide.

The Beijing Treaty has had a significant impact on the entertainment industry and copyright protection in general. By providing stronger and more comprehensive protection for performers in the field of audiovisual productions, the Beijing Treaty has helped to promote creativity and cultural exchange, as well as to ensure that creators are adequately compensated for their work.

Photo by zhang kaiyv on Pexels

Author Gabriel Espinoza

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