Introduction

On June 22 2015 Chile ratified the Beijing Treaty on Audiovisual Performances and became the seventh country in the world – and the first in the Americas – to sign or ratify the agreement.

The treaty gives performers economic rights over their performances, including recorded material and live performances. Further, the moral rights of these performances are recognised and the treaty also provides rules on the effects of the assignment of rights and the limitations and exceptions applicable to such assignments.

The treaty was adopted by the to the World Intellectual Property Organisation's (WIPO) Diplomatic Conference on the Protection of Audiovisual Performances held in Beijing between June 20 and 26 2012.

Economic rights

The treaty gives performers economic rights over their recorded audiovisual performances, including:

  • the right of reproduction;
  • the right of distribution;
  • the right of rental; and
  • the right of making available.

The 'right of reproduction' is a performer's right to authorise the direct or indirect reproduction of the performance fixed in audiovisual material, in any manner or form.

The 'right of distribution' is a performer's right to authorise the making available to the public of the original and copies of his or her performances fixed in audiovisual material through sale or other transfers of ownership.

The 'right of rental' is a performer's right to authorise the commercial rental to the public of the original and copies of his or her performances fixed in audiovisual material.

The 'right of making available' is a performer's right to authorise the making available to the public, by wire or wireless means, their performances fixed in audiovisual material so that members of the public can access that performance from a place and at a time chosen by them. This right includes the provision of requests via the Internet in particular.

As regards unfixed (live) performances, the treaty grants performers three kinds of economic right:

  • the right of broadcasting (except in the case of rebroadcasting);
  • the right of communication to the public (except where the performance is a broadcast performance); and
  • the right of fixation.

Moral rights

The treaty also gives performers 'moral rights' – that is, the right to be recognised as performers (except where omission is dictated by the manner of use of the performance) and the right to object to any distortion, mutilation or modification that could affect the honour and reputation of the author, taking into consideration the nature of audiovisual materials.

Comment

The Beijing Treaty will enter into force three months after the 30th ratification is deposited. The treaty is open for signature, ratification and accession by WIPO and EU member states. The assembly to be established under the treaty could choose to admit additional intergovernmental organisations.

For further information on this topic please contact Victoria Santis at Montt y Cia SA by telephone (+56 22 233 8266) or email (vsantis@monttcia.cl). The Montt y Cia SA website can be accessed at www.monttcia.cl.

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