Implementing the Beijing Treaty on Audiovisual Performances
As the Intellectual Property Office (IPO) launches a consultation on the application of the Beijing Treaty on Audiovisual Performances, the United Kingdom is taking significant steps towards protecting the rights of audiovisual artists and performers. This international agreement aims to grant intellectual property rights to actors, musicians, dancers, and other performers incorporated into films, television programs, and other audiovisual recordings.
The Importance of the Beijing Treaty
The Beijing Treaty on Audiovisual Performances was signed by the United Kingdom in 2013; however, due to its membership in the European Union (EU) at the time, the UK was unable to ratify it independently. With the UK now having left the EU, the government is committed to implementing and ratifying the treaty to ensure reciprocal benefits for UK performers when their audiovisual performances are used in other signatory countries.
Enhancing the Rights of Performers
While UK law already largely complies with the provisions of the treaty, certain areas require amendments to adequately attribute audiovisual artists and protect them from derogatory treatment of their performances. The consultation seeks input from stakeholders including artists, broadcasters, producers, collective management organizations, and users of audiovisual works to inform the government’s decision on how best to implement the treaty.
The Options for Implementation
The treaty provides options for countries to choose from when implementing it into their national legislation. Two preferred implementation options have emerged based on the initial call for views in 2021:
- Implement the Treaty and introduce exclusive rights of radio broadcasting and/or communication to the public for audiovisual artists.
- Implement the Treaty and introduce the right to equitable remuneration for the broadcasting and/or communication to the public of audiovisual performances.
The consultation aims to gather views, evidence, and perspectives on the impact of each option. It raises questions related to performer rights, licensing requirements for the use of audiovisual works, incentives for production, fair remuneration, and how each alternative can affect these aspects.
The Benefits of Implementing the Treaty
Implementing the Beijing Treaty on Audiovisual Performances will have significant advantages for both artists and the audiovisual industry. By granting performers control over the use of their performances, the treaty aims to improve their ability to obtain adequate payment. This provides a level playing field for artists and ensures that their creativity and talent are appropriately recognized and rewarded.
Supporting the Thriving Audiovisual Industry in the UK
The United Kingdom boasts a thriving audiovisual industry, and implementing the Beijing Treaty will further strengthen its position. The existing copyright and performers’ rights framework already supports those who invest time, effort, and money in creating and distributing audiovisual productions. However, the treaty will complement this framework by providing additional protections and avenues to control the use of audiovisual performances. This will benefit not only the artists but also the audience who can continue to enjoy high-quality productions.
The CEO’s Perspective
“The UK has a thriving audiovisual industry. Our copyright and performers’ rights framework ensures that those who invest time, effort and money in making and distributing audiovisual productions can market their works, benefiting all who enjoy them. By implementing the Beijing Treaty on Audiovisual Performances, the government wants to help artists control how their performances are used and improve their ability to obtain adequate payment.” – Adam Williams, Intellectual Property Office CEO
The Path to Ratification
The UK government expects the ratification of the Beijing Treaty to occur in 2024, subject to the usual timing considerations. The consultation period ends on November 9, 2023, giving stakeholders and interested parties ample time to provide their views, evidence, and insights on the proposed implementation options.
Conclusion
The implementation of the Beijing Treaty on Audiovisual Performances in the United Kingdom signifies a significant step towards protecting the rights of audiovisual artists and performers. By seeking input from stakeholders and considering various implementation options, the government aims to ensure that the final decision is comprehensive and based on the best available evidence. Through this treaty, the UK’s audiovisual industry will continue to thrive, and artists will gain more control over the use of their performances, leading to fairer remuneration and recognition for their contributions.
Summary
The Intellectual Property Office has launched a consultation on the application of the Beijing Treaty on Audiovisual Performances in the United Kingdom. The treaty aims to grant intellectual property rights to audiovisual performances and protect artists from derogatory treatment. Implementing the treaty is crucial for the UK to ensure reciprocity for its performers in other treaty signatory countries. The government is seeking input from stakeholders to decide on the best implementation options. Two preferred options have emerged: exclusive rights of radio broadcasting and/or communication to the public for audiovisual artists, and the right to equitable remuneration for broadcasting and/or communication to the public of audiovisual performances. Implementing the treaty will enhance performer rights, licensing requirements, incentives for production, and fair remuneration. It will support the thriving UK audiovisual industry and give artists more control over their performances. The ratification of the treaty is expected in 2024.
Notes to Editors:
- A call for views was conducted in 2021, with broad support for implementing the Beijing Treaty.
- The consultation includes other options for respondents to provide their views and evidence.
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The Intellectual Property Office (IPO) today launched a consultation on the application of the Beijing Treaty on Audiovisual Executions.
The Treaty is an international agreement to grant intellectual property rights to audiovisual performances, including those of actors, musicians, dancers and other performers incorporated into films, television programs and other audiovisual recordings.
Implementation of the Treaty will ensure reciprocal benefits for UK performers when their audiovisual performances are used in other Treaty signatory countries.
The United Kingdom signed the Beijing Treaty in 2013, but was unable to ratify it independently while it was a member of the EU. Now that the United Kingdom has left the EUThe UK government is committed to implementing and ratifying the Beijing Treaty.
UK law already largely complies with the Treaty; However, there are certain areas where changes to the law will need to be made in order to be able to attribute audiovisual artists and avoid certain derogatory treatment of their performances.
The Treaty also sets out options that countries can choose to implement in their national legislation. These include protections for performers against the broadcasting or public display of their audiovisual performances.
As such, the government is now seeking input from stakeholders including artists, broadcasters, producers, collective management organizations (marketing director) and users of audiovisual works. These will help inform the government’s decision on how best to implement the treaty.
Following an initial Call for views In 2021, the evidence appears to show support for two preferred implementation options:
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Implement the Treaty and introduce exclusive rights of radio broadcasting and/or communication to the public for audiovisual artists.
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Implement the Treaty and introduce the right to equitable remuneration for the broadcasting and/or communication to the public of audiovisual performances. This consultation is based on the call for views and seeks views and evidence on the impact of each option.
It raises questions related to the rights of performers, licensing requirements for the use of audiovisual works, incentives for the production of audiovisual works and fair remuneration for performers, and how each of the options can affect them.
It allows those with views to have their say on the practical and legal aspects of the proposals needed to change UK law.
This will help ensure that the government’s final decision on implementation is comprehensive and based on the best evidence.
Intellectual Property Office chief executive Adam Williams said:
The UK has a thriving audiovisual industry. Our copyright and performers’ rights framework ensures that those who invest time, effort and money in making and distributing audiovisual productions can market their works, benefiting all who enjoy them.
By implementing the Beijing Treaty on Audiovisual Performances, the government wants to help artists control how their performances are used and improve their ability to obtain adequate payment.
This consultation focuses on specific implementation options. It is essential that we hear from you to ensure that the best approach is taken when implementing the Treaty.
The government expects ratification of the Treaty to occur in 2024, subject to usual timing considerations.
More information about the consultation and how to respond is available on our Consultation on the Beijing Treaty on Executions and Audiovisual Executions.
The consultation ends on November 9, 2023.
Notes to editors:
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In 2021, the government held a Call for views to help you understand the potential impacts of the Treaty. The government received responses from a variety of stakeholders. Respondents broadly supported the government’s intention to implement the Beijing Treaty. However, opinions on how to do this varied. A summary of these is set out in the consultation document.
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In addition to the government’s 2 preferred options, the consultation includes other options on which respondents can provide their views and evidence on
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