WIPO To Negotiate Audiovisual Treaty In Beijing In Summer 2012

Members of the World Intellectual Property Organization have agreed to hold highest level negotiations on a treaty to protect audiovisual performers’ rights in the summer of 2012 in Beijing, China.

The Preparatory Committee of the Diplomatic Conference on the Protection of Audiovisual Performances met from 30 November to 1 December. The report of the meeting, AVP/PM/6, was circulated today and should be available online shortly.

The preparatory meeting met within the broader context of the WIPO Standing Committee on Copyright and Related Rights (SCCR), which is meeting from 21 November to 2 December (IPW, WIPO, 22 November 2011).

Discussions on the draft AV treaty are continuing among a small group of interested member states, including Brazil, European Union, India, Mexico, Nigeria and the United States, according to sources. It was agreed that proposals and views may be submitted from six months prior up to month prior to the diplomatic conference.

It is agreed not to reopen any of the existing provisions of the text, but there is expected to be negotiation for explanatory language, or “agreed statements” for some more difficult provisions. Three agreed statements are expected, on Articles 1, 2, and 15 of the draft text, sources said.

The latest version of draft treaty, including 19 previously agreed provisions and the most recently agreed Article 12, is available here.

Article 1 pertains to the relationship of the WIPO treaty to other conventions and treaties.

Art. 2 pertains to definitions, such as “audiovisual” and “performers”.

Art. 15 pertains to obligations relating to technological measures.

The latest version also contains a new preamble that includes a reference to the 2007 WIPO Development Agenda, which was agreed at the October annual General Assembly, under document WO/GA/40/11 [doc], which gives the mandate of the diplomatic conference.

WIPO members agreed at their annual meeting in September that the issue was close enough to agreement to elevate to a diplomatic conference next year and approved the mandate (IPW, WIPO, 30 September 2011).

Technically next year will be the “reconvening” of a previous diplomatic conference. The audiovisual treaty was the subject of a diplomatic conference in 2000, but agreement could not be reached and the issue has been on the WIPO agenda until this year when a breakthrough occurred. All but one provision of the draft treaty had been agreed in 2000, and the final one, on transfer of rights, was reached earlier this year. The compromise was that consolidation of rights would be left up to the national level, rather than setting firm international rules, according to a participant.

Beijing AV Treaty

Also offering to host the conference were Mexico and Morocco. The preparatory committee accepted China’s offer to host the diplomatic conference after it was discussed at a diplomatic level, according to sources.

“The protection of audiovisual performance is very important and the treaty which is going to be concluded next year will make contribution not only to the interest of the concerned rightholders, but also to the general public worldwide who enjoy the audiovisual works,” the Chinese delegation attending the preparatory committee said in a statement to Intellectual Property Watch. “China is very happy to have the opportunity to hold this very important event in China next year and will do our best to make it successful diplomatic conference in the field of copyright.”

“Holding the diplomatic conference in Beijing will be very good for the development and strengthening of the intellectual property system in China,” US academic and government delegate Justin Hughes told Intellectual Property Watch.

It was agreed the conference should begin as soon as possible after 20 June. The conference will be at least one week, with additional days as determined by WIPO in consultation with China, up to two weeks as designated by the General Assembly mandate.

The preparatory committee elected Hughes as president. Marisella Ouma of Kenya and Graciela Peiretti of Argentina were elected vice-presidents.

The draft treaty “is a recognition of the rights of performers at the international level,” a participant said, adding that particularly in countries where they don’t have those rights, they could be bargaining chips or used by collecting societies.

The full contents of this draft treaty are:

Preamble

Article 1: Relation to Other Conventions and Treaties

Article 2: Definitions

Article 3: Beneficiaries of Protection

Article 4: National Treatment

Article 5: Moral Rights

Article 6: Economic Rights of Performers in their Unfixed Performances

Article 7: Right of Reproduction

Article 8: Right of Distribution

Article 9: Right of Rental

Article 10: Right of Making Available of Fixed Performances

Article 11: Right of Broadcasting and Communication to the Public

Article 12: Transfer of Rights

Article 13: Limitations and Exceptions

Article 14: Term of Protection

Article 15: Obligations concerning Technological Measures

Article 16: Obligations concerning Rights Management Information

Article 17: Formalities

Article 18: Reservations and Notifications

Article 19: Application in Time

Article 20: Provisions on Enforcement of Rights