The Protection of Performers in Audiovisual Media Jørgen Savy Blomqvist Director, Copyright Law Division

The Rome Convention Art. 7(1): Rights of fixation, reproduction and live broadcasting Art. 19: “Notwithstanding anything in this Convention, once a performer has consented to the incorporation of his performance in a visual or audio–visual fixation, Article 7 shall have no further application”

The Rome Convention (cont’d) Art. 12: “If a phonogram published for commercial purposes, or a reproduction of such phonogram, is used […]”

The TRIPS Agreement Art. 14.1: “In respect of a fixation of their performance on a phonogram, performers shall have the possibility of preventing the following acts when undertaken without their authorization: the fixation of their unfixed performance and the reproduction of such fixation. Performers shall also have the possibility of preventing the following acts when undertaken without their authorization: the broadcasting by wireless means and the communication to the public of their live performance.”

The WPPT Art. 2: “For the purposes of this Treaty: […] (c) ’fixation’ means the embodiment of sounds, or of the representations thereof, from which they can be perceived, reproduced or communicated through a device; […]”

The WPPT (cont’d) Art. 5(1): “[…] the performer shall, as regards his live aural performances or performances fixed in phonograms, have the right […]” Art. 6: “Performers shall enjoy the exclusive right of authorizing, as regards their performances: (i) the broadcasting and communication to the public of their unfixed performances except where the performance is already a broadcast performance; and (ii) the fixation of their unfixed performances.”

The Provisional Agreement of the 2000 Diplomatic Conference Moral rights of identification and respect Rights of live broadcasting and fixation Right of distribution Right of rental, possible exemption Right of broadcasting, either exclusive, right of remuneration, conditions on exercise, only for certain uses or no right at all [à la carte]

The Missing Agreement at the 2000 Diplomatic Conference Draft Art. 12: Transfer of rights –Presumption of transfer –Presumption of legitimation –No presumption but choice of law –No rules at all National treatment with reciprocity for à la carte rights, but no collection without distribution

Subsequent developments Discussed in WIPO’s General Assembly Studies on contractual practices Studies on applicable law in national and international law Ad hoc informal meeting, Nov Informal consultations between stakeholders Next step: national and regional level

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