Protection of Audiovisual Performances

After several years of debates and as a follow-up to the Diplomatic Conference of 1996 that failed to agree on the question of performers in the audiovisual field and where the treaty adopted was restricted to protecting sound recordings, the Diplomatic Conference concerning a possible instrument in the audiovisual was held from 7 to 20 of December 2000.

The conference took, as its starting point, the “basic proposal” drafted by the chairman of the WIPO standing committee, Mr. Jukka Liedes.
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However, the Diplomatic Conference of 2000 also failed to adopt such a new instrument mainly because an agreement could not be reached on the question of transfer and exercise of exclusive rights. At the end of the conference, negotiators adopted a resolution in which they recommended to the Assemblies of WIPO that met in September 2001, the reconvening of a Diplomatic Conference.

A memorandum from WIPO's Director-General was communicated to the Assemblies.
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This memorandum includes the text of the 19 articles on which a so called “provisional agreement” was achieved at the end of the Diplomatic Conference 2000.

Apart from the serious doubts one may have on the significance of such a “provisional agreement”, one can note that several of these articles are far from being acceptable to performers. The “agreed statement” under the moral right, the lack of real protection with  optional protection for broadcasting and communication to the public of audiovisual fixations, or the possibility in “application in time” to protect only future audiovisual fixations, are certainly not on the basis of which satisfactory protection of performers can be built.

Nevertheless, WIPO's Secretariat prima facie does not wish to reopen the debates on the “19 articles” that were “provisionally agreed” on the 20th of December 2000.

On the 15 th of May, 2003, The European Parliament adopted a resolution concerning WIPO negotiations, notably calling on the Commission “to take action to reach the adoption of an effective WIPO treaty in favour of audio-visual performers' rights”.
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However, negotiation in WIPO is not facilitated, as far as the European Commission is concerned, by the lack of “acquis communautaire” in the field of broadcasting and communication to the public of audiovisual fixations.

An informal meeting concerning the protection of audiovisual performances took place at WIPO on 6 - 7 November 2003.

At this meeting, the WIPO Secretariat presented its “Survey on national protection of audiovisual performances (AVP/IM/03/2).”
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Several member states (United Kingdom, Mexico, Egypt, Germany, India) have already reacted to the survey. You can consult these documents on the WIPO website
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Other studies in relation to audiovisual performances, ordered by the Secretariat were also presented at the Informal meeting. These studies are:

“Study on audiovisual performers' contracts and remuneration practices in Mexico, the United Kingdom and the United States of America” (AVP/IM/03/3A)
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“Study on audiovisual performers contracts and remuneration practices in France and Germany” (AVP/IM/03/3B)
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“Study on transfer of the rights of performers to producers of audiovisual fixations - multilateral instruments; United States of America, France”. (AVP/IM/03/4)
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Our general impression of the debates that took place during the informal meeting is positive. Several questions raised by the member states showed their awareness of this issue. Taking into account its informal character, no conclusions were arrived at at the end of this meeting nor will the WIPO Secretariat draft a report of it. Several member states expressed the wish to take further initiatives in this area.

++ See also our position papers on this issue ...

At its 31st session, which took place in Geneva from September 27 to October 5, 2004, the General Assembly of WIPO decided that the issue of the protection of audiovisual performances should remain on the Agenda of the General Assembly for its sessions in 2005.