There are many factors that will shape this unexpected period of lockdown that has swept the world. The standstill—a common thread across all countries affected by COVID-19—reminds us of the importance of globalization. And despite the voices that seek to question it, the truth is that globalization has enabled countries to respond to the pandemic in a way that, had they acted individually, would have been even slower and more complex.
And amid this economic and social paralysis, the discipline that never sleeps prevails as always—and with even greater fervor, if that’s possible: the law. On April 28, the Beijing Treaty on Audiovisual Performances and Interpretations (BTAP, hereinafter the “Treaty”) entered into force in the first thirty contracting states (the minimum required for its entry into force). This marks a historic milestone in the field of rights related to copyright. From now on, the Treaty’s binding effects will take effect three months after each new State’s ratification or accession. Switzerland was the first to join the list.
For the first time, an international instrument provides express protection to performers with respect to their works fixed in audiovisual form, recognizing their right to decide when and how their audiovisual work is used abroad, as well as to share in the benefits generated by its exploitation, including in the digital environment. Until now, only sound-only fixations enjoyed such protection (see the WIPO Performances and Phonograms Treaty [WPPT], adopted in 1996 and in force since 2002).
Under this Treaty, all interpretations and performances of literary and artistic works or expressions of folklore are protected by intellectual property rights, regardless of their nature or medium, including both fixed and unfixed works (live performances), thereby recognizing the creative activity of these interpreters and performers in the same way that musicians and authors have already been recognized.
Click here to access the full text of the Treaty.
Author: Sara Isabel Tortosa