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WIPO's Beijing Treaty enters into force

By Dumont - 08/06/2020

On April 28, 2020, the Beijing Treaty on Audiovisual Performances officially entered into force with the aim on improving earning conditions for actors and other audiovisual performers – a development with added importance amid the negative impact on cultural production by the economic fallout from the COVID-19 pandemic.

The Treaty entered into force without Mexico, three months after Indonesia joined as the key 30th accession or ratification. WIPO member states in 2012 approved the Treaty at a Diplomatic Conference hosted by the Chinese Government in Beijing, from where the Treaty takes its name.

"It is urgent that Mexico ratifies the signing of the Beijing Treaty to alleviate the precarious position of performers in the audiovisual industry. Such international legal framework protects and safeguards their rights against unauthorized use in audiovisuals platforms like television, cinema, videogames and, above all, the digital environment of the internet," said federal congressman Sergio Mayer Breton.

The Beijing Treaty deals with the intellectual property (IP) rights of performers in audiovisual performances, notably by bolstering five kinds of exclusive economic rights for the beneficiaries’ performances fixed in an audiovisual format: The rights of reproduction, distribution, rental, making available and broadcasting and communication to the public.

By joining the Treaty, its members agree to adopt, in accordance with their legal systems, the measures necessary to ensure the application of the Treaty. In particular, each contracting party must ensure that enforcement procedures are available under their laws, permitting effective action against any act of infringement of rights covered by the Treaty. The action must include expeditious remedies to prevent and defer infringement.

“Many of the actors and other performers in our beloved series and movies are essentially gig workers, without long-term salaries, equity stakes or great fame. The Beijing Treaty helps give these performers more rights to their work, which in turn boosts their personal revenues,” said WIPO Director General Francis Gurry.

By Dumont - 08/06/2020
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