December 24, 2023

India’s participation in Beijing Treaty on Audiovisual Performance

THIS ARTICLE HAS BEEN WRITTEN BY MS. VISHAKHA BAIROLIYA, A FIRST YEAR STUDENT OF LLOYD LAW COLLEGE,GREATER NOIDA, UTTAR PRADESH

 

The Beijing Agreement on Audiovisual Performances is an international agreement adopted by the World Intellectual Property Organization (WIPO) at a diplomatic conference held in Beijing, China, on June 24, 2012. The pledge aims to protect the rights of artists in the music industry and aims to: ensure their contributions are better recognized and rewarded. In this 2,000-word discussion, we explore the key points, background, significance and potential impact of the Beijing Treaty on Audiovisual Performances.

History and History:

The beginning of the Beijing Treaty in the transformation of the audiovisual industry landscape. The rapid advancement of technology, especially in the field of digital distribution and advertising, has created problems in the protection of artists’ rights. The legal system does not adequately address the special needs and disadvantages of musical performers such as actors, musicians and dancers in films, TV shows and other musical projects.

Recognizing these challenges, the international community set out to create a special agreement to address the rights of audiovisual artists on behalf of the World Intellectual Property Organization (WIPO). The 2012 negotiations in Beijing marked the culmination of this effort and resulted in the signing of the Beijing Treaty.

Important Laws:

The Capital Law outlines many important laws designed to protect the rights of musical artists. One of the key points is the expansion of protection of intellectual property rights of artists in the audiovisual industry. The agreement gives artists the right to allow or restrict the use of their performances in media and digital distribution.

The Convention also outlines the moral rights of artists, allowing them to request permission to perform and their right to protest against interference with, damage to, or other changes to their performance that could harm their reputation. This is consistent with the expansion of intellectual property law to recognize non-financial benefits for producers.

The issue of fair compensation was also discussed in the agreement. It refers to the right of artists to receive fair and reasonable compensation for the use of their audiovisual works. This is especially important due to the pay disparity artists often face, especially in the digital age where content can be easily copied and distributed.

Importance and impact:

Capital commitment has been important in shaping actors’ interests. Official site for audiovisual artists. The agreement, which cuts the rules to solve specific problems faced by actors in the film industry, aims to reconcile existing inequality protections with the old legal system.

 

An important effect is the increase in the negotiating power of actors. With strong rights and the ability to advocate for fair rights, players can find themselves in a strong position to negotiate contracts and demand fair pay for the use of their performance.

 

In addition, the agreement confirms the transition to and from digital distribution. Delivery of audiovisual content. By explicitly including digital communication in its scope, the Beijing Treaty expresses acceptance of the transformation in the economy and ensures the protection of the rights of actors in the digital field.

 

Potential impact: 

Although the Beijing Treaty is a good step forward, its success will depend on the agreement and its implementation by member states. Countries that accept the agreement must bring their national laws into compliance with the provisions of the agreement in order for it to enter into force. The agreement also promotes international cooperation to combat illegal and illicit use of video games.

But problems can arise in law enforcement, especially in regions with different legal systems and different agreements regarding the protection of assets. Overcoming these challenges requires national and international cooperation.

INDIA’S role in BTAP

BTAP is a more widely recognized overarching agreement with 42 member states signing the agreement. India has not yet joined the agreement. India should consider signing the agreement. One of the main reasons for this is the preservation of the artists’ rich and historical performance. The agreement preserves cultural differences in writing and music in audiovisual materials. India needs to sign the agreement to prevent the loss of traditional legends and improve their status in the world.

As a growing and developing country in East Asia, India’s role should be to support such commitments. Joining the Beijing Convention will be easier as India is currently a signatory to six treaties administered by WIPO. India is a member of the WIPO Copyright Treaty (WCT) and the WIPO Performances and Phonograms Treaty (WPPT), which will complement BTAP to support Indian artists. These agreements are subject to change and internal regulations. The addition of BTAP will make the protection of laws more stringent and improve the situation of the audiovisual sector in the country. Under the agreement, India will play an important role in coordinating the meeting and developing the framework of the agreement.

 

In summary, the Beijing Agreement on Audiovisual Performances is an important development in terms of intellectual property rights. By specifically addressing the rights of actors in the entertainment industry, the Convention aims to create a more fair and equitable environment that reflects the current reality of the entertainment industry. Its success will depend on the determination of member states to effectively implement its provisions and the ability of the international community to adapt to changes in interest rates.

 

REFRENCES

  • https://wipolex.wipo.int/en/text/295837
  • WIPO ~https://www.wipo.int/edocs/pubdocs/en/wipo_pub_beijing_flyer.pdf

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