A Study On Beijing Treaty On Audiovisual Performances

In the past, as one of the performers were neighboring owner, but their right in their audiovisual performances, has not been well protected, which hit a certain extent their enthusiasm. In order to better address issues related rights of performers in their audiovisual performances, WIPO has experienced nearly20years, the organization Parties held several meetings, culminating in2012in Beijing adopted the "Beijing Treaty on Audiovisual Performances" performers were mainly to resolve issues related to the rights of their audiovisual performances (video products) through the treaty would stimulate the performer’s creative enthusiasm to promote the creation and dissemination performing works to promote the development of cultural and creative industries.The first chapter combing through international treaties for the protection of the rights of performers in the process, discovered that an international treaty on the rights of performers, while providing some protection, but the performers did not involve audiovisual performances. Out of performers’rights more comprehensive protection,(World Intellectual Property Organization) WIPO concluded when WPPT countries in1996had proposed to incorporate the protection of audiovisual performances, but because at that time most of the country’s opposition and the time of urgent, WPPT does not relate to the protection of audiovisual performers. WIPO in1997and began working to conclude a treaty to protect audiovisual performances, customer service difficulties, coordinating all controversy, finally concluded successfully in June2012.The second chapter by referring to diplomatic meetings, looking at the previous meeting of the Parties proposals negotiations, find out the conclusion of the treaty the two biggest obstacles-the national treatment provisions and the terms of the transfer of rights, and these two terms is also a performer provide the most favorable terms to protect the most critical, but also the previous treaties with neighboring rights treaties biggest difference. National treatment provisions which ensure that the performers were able to at least have the right to be protected under this Treaty in the other Contracting State, and the right to transfer provisions may allow performers to share revenue and create audio and video products in the international and producer.The third chapter of the main provisions of the Treaty conducted a preliminary analysis of the economic rights of performers has greatly increased, so that performers such as audio-visual products enjoy the right of reproduction, the right to property rights, rental rights, broadcasting and communication to the public, etc. also grant performers moral rights protection issues, such as requiring the performer of authorship, against any of his performances that would be prejudicial to his reputation distortion, mutilation or other modification. This will increase the performer’s voice has a very beneficial effect.The fourth chapter is affecting Beijing on China’s Copyright Law Treaty changes, at a time when the third revision of the Copyright Law, Beijing signed a treaty will undoubtedly have an impact on its part of the terms, mainly in the definition of performers, rental rights, the right to equal pay for broadcasting rights and broadcast rights and the transfer of four performers, while China’s current copyright law revision three draft also made a positive response to this.The conclusion, Concluded section summarizes the full text, draw conclusions, treaty Beijing on audiovisual performances was signed to protect the rights of performers who brought the gospel, but because of the performer’s protection system is very different countries, in the process of concluding a treaty, the also fully take into account the interests of each Contracting State, made some compromises, some provisions allow States parties had conducted according to national circumstances specified, then the rights of performers in the future to protect the international level in the end to what extent, it will take time to be proof. China is currently in the Copyright Act is in the process of amending the third time, in the process of modifying copyright, international treaties and standards on how to do, but also take into account the country’s specific national conditions, the problem we are facing.