Intellectual Property Office
The Intellectual Property Office (IPO) has today launched a consultation on implementing the Beijing Treaty on Audiovisual Performances.
The Treaty is an international agreement to provide intellectual property rights in audiovisual performances, including those by actors, musicians, dancers and other performers that are incorporated into films, television programmes and other audiovisual recordings.
Implementing the Treaty will secure reciprocal benefits for UK performers when their audiovisual performances are used in other countries that are signatories to the Treaty.
The UK signed the Beijing Treaty in 2013 but was not able to ratify it independently while a member of the EU. Now that the UK has left the EU, the UK government has committed to implementing and ratifying the Beijing Treaty.
UK law is already largely compliant with the Treaty, however, there are certain areaswhere changes to the law will be necessary to comply with for audiovisual performers to be attributed and to prevent certain derogatory treatment of their performances.
The Treaty also sets out options that countries can choose to implement into national law. These include protections for performers against the broadcasting or public playing of their audiovisual performances.
As such, the government is now seeking views from stakeholders including performers, broadcasters, producers, Collective Management Organisations (CMO) and users of audiovisual works. These will help inform the governments decision on how best to implement the treaty.
Following an initial Call for Views in 2021 the evidence appears to show support for two preferred options for implementation:
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Implement the Treaty and introduce exclusive rights of broadcasting and/or communication to the public for audiovisual performers.
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Implement the Treaty and introduce right of equitable remuneration for the broadcasting and/or communication to the public of audiovisual performances. This consultation builds on the Call for Views by seeking views and evidence on the impact of each option.
It asks questions related to performers rights, licensing requirements for the use of audiovisual works, incentivising production of audio-visual works and fair remuneration for performers, and how each of the options may impact on these.
It enables thosewith views on the practical and legal aspects of the proposals required to changeUK law to have their say.
This will help ensure the governments final decision for implementation is comprehensive and based on the best evidence.
The Intellectual Property Offices CEO Adam Williams said:
The UK has a thriving audiovisual industry. Our copyright and performers rights framework ensures those who invest time, effort and money into making and distributing audiovisual productions can commercialise their works, benefitting everyone that enjoys them.
By implementing the Beijing Treaty on Audiovisual Performances, the government wants to help performers control how their performances are used, and improve their ability to secure appropriate payment.
This consultation focuses on the specific options for implementation. It is essential that we hear from you to ensure the best approach is taken when implementing the Treaty.
The government expects ratification of the Treaty to happen in 2024 subject to the usual timetabling considerations.
More information about the consultation and how to respond is available on our Beijing Treaty on Audiovisual Performances consultation.
The consultation closes on 9 November 2023.
Notes to editors:
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in 2021, the government held a Call for Views to help it understand the potential impacts of the Treaty. The government received responses from a range of stakeholders. Respondents broadly supported the governments intention to implement the Beijing Treaty. However, views on how to do so varied. A summary of these is set out in the consultation document
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in addition to the governments 2 preferred options, the consultation includes other options which respondents can provide their views and e