The Study Of The Beijing Treaty On The Audiovisual Performances

The Beijing Treaty on the Audiovisual Performances signed on June26, in Beijing, is latest international treaty on the protection of the rights of performers. It reflects the new trend of the international legislation of the performers’rights. It will be a great important impact on the national performer’s rights system, if the Beijing Treaty on the Audiovisual Performances can entry into force. On the basis of the methods of historical research, textual interpretation, comparative research, the text systematically studies the Beijing Treaty on the Audiovisual Performances, and it discusses the influence on China through the interaction with international law and domestic law.Expect for the preface and conclusion, the text is divided into four chapters:The first chapter analyzes the basic condition of the Beijing Treaty on the Audiovisual Performances. It consists of the background of conclusion, the process of conclusion, and according to the treaty, the treaty was predicted. The author holds that the treaty is concluded for the four aspects: first the communication technology updates continuously, have changed performers’pay way. Secondly, it is distinguished between the protection of audio performers and the protection of audiovisual performers. Thirdly, the topic of audiovisual performances failed in the diplomatic conference on the WPPT. At the last, a great many countries enquire conclude a new treaty about audiovisual performances again.The second chapter studies the Beijing Treaty on the Audiovisual Performances. Based on the provisions of31in the Vienna Convention, this one analyzes the basic framework of the treaty and interprets the substantive provisions.The third one makes an evaluation on the Beijing treaty on the Audiovisual Performances. Compared with Rome Convention, the TRIPs Agreement, the WPPT, the author thinks that, the Beijing treaty on the Audiovisual Performances not only is consistent with the existing treaties, but also is some differences from the existing treaties. The consistence is the inheritance for the system of performers’rights. The difference is the expansion of the performers’rights system.The fourth one tells about the Beijing treaty on the Audiovisual Performances make the influence on the Chinese system of performers’ rights. Compared with the treaty, the author analyzes, there are some differences from the Chinese related system. So, in order to be ready for joining the Beijing treaty on the Audiovisual Performances, it is necessary to revise the system of the performers’rights in Chinese Copyright Act.