Russia’s accession to the Beijing Treaty on Audiovisual Performances will enhance their protection with the account of the universal introduction of digital technology and will ensure effective protection of the rights of Russian performers during their audiovisual performances abroad.
Reference
The directive was submitted by the Ministry of Culture.
The International Convention
for the Protection of Performers,
Producers of Phonograms and Broadcasting Organisations (signed in Rome on 26
October 1961) and the WIPO Performances and Phonograms Treaty (WPPT) (adopted
on 20 December 1996 in Geneva), to which Russia is a party, ensure the
protection of performers’ rights as regards their performances on phonograms.
Performers of audiovisual performances were granted limited rights without
details regarding their use.
The Beijing Treaty on Audiovisual Performances(hereinafter referred to as the Treaty) was adopted by the Diplomatic Conference on the Protection of Audiovisual Performances in Beijing on 24 June 2012.
The signed directive adopts the proposal of the Ministry of Culture on Russia’s accession to the Treaty.
In accordance with the Treaty, the performers of audiovisual performances have the right to demand their recognition as the performers of audiovisual fixations, the right to object to any distortion of, or changes to, their performances (non-property rights), the right of renting the original and its copies, the right to distributing, broadcasting and making available to the public (property rights).
To enhance the protection of the rights of performers of audiovisual fixations in conditions of the use of digital information and communications technology, the Treaty imposes a ban on the unsanctioned circumvention of the technical means of protection installed by performers, as well as the deletion or distortion of the information on the management of rights (information that identifies a performer or performance, or information regarding the conditions of using a performance and any digits and codes containing such information, when any of these elements is included in the performance in the audiovisual fixation).
The Treaty reaffirms the presumption of the transfer of the exclusive rights from the originating author(s) to the producer of the audiovisual work if the performer agrees to the recording of his performance. The parties to the Treaty retain an opportunity to envisage other provisions in their national legislation.
Russia’s
accession to the Treaty will enhance their protection taking account of the
universal introduction of digital technology and ensure the effective
protection of the rights of Russian performers during their audiovisual
performances abroad.