Beijing Treaty

The Beijing Treaty is an international provision that safeguards the rights of performers and performers in the audiovisual field, granting them protection for a minimum of 50 years. This protection arose due to technological progress and the concern of artists for the protection of their performances incorporated in audiovisual.

The Beijing Treaty identifies audiovisual fixation, such as the incorporation of moving images, whether or not accompanied by sounds or, where appropriate, their representation, which can be perceived, In the Beijing Treaty, there are also four main related property rights to audiovisual fixations of their performances.

The first prerogative is the right of reproduction, consisting in authorizing the direct or indirect reproduction of the audiovisual fixations of the interpretations or performances, by any procedure or in any form.

Secondly, there is the right of distribution, which consists in authorising the making available to the public of the original and copies of the audiovisual fixtures of performances, by means of sale or other transfer of ownership.

The third site contains the rental right, the purpose of which is to authorize the commercial rental to the public of the original and the copies of the audiovisual fixtures of the performances.

Fourthly, there is the right to make available any audiovisual fixation of performances to the public by wired or wireless means; so that the public has access from the place and at the time of their choice, including via the internet.

With regard to live performances, performers have the related rights to object to the fact that without their authorization:

1. Their performances are broadcast.
2. Their performances are communicated to the public.
3. Set their interpretations or performances.

Limitations or exceptions to these rights may exist only where:

1. The reproduction of interpretations and performances takes place in special cases such as use in education or research.
2. Reproduction of interpretations and performances, but not in accordance with the normal exploitation of such performances.
3. The reproduction of performances and performances shall not unduly prejudice the legitimate interests of artists.

And the moral rights of the most relevant performers are:

1. The right of paternity to be recognized as performers of their performances or performances.
2. The right of integrity in order to oppose any distortion, mutilation or other modification that would prejudice their honour and reputation.

Bandala |Díaz | García has the best advice on international protection of performers and performers in the audiovisual field.