The Ministry of Culture: The Beijing Treaty on the Audiovisual Performances lacks the word "prohibition"; fulfilment of the obligation to impose sanctions on the acts of Internet users is neither foreseen

Ministry of Culture ,
03 February 2014, Bulgaria

In regard to today’s posts, claiming that “music and film torrents are being prohibited” and “torrent trackers are about to be pursued”, The Press Center of the Ministry of culture would like to introduce the following clarifications:

The Beijing Treaty from June 2012 establishes a set of new international rules, intended to ensure the adequate protection and remuneration of performers, such as actors, musicians or dancers, whose performances are included in the audiovisual product (e.g. a movie or a TV program).

The Beijing Treaty does not invalidate the existing obligations, already adopted by the member countries with the World Intellectual Property Organization (WIPO) Treaty on the performances and recordings, or with the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations, signed in Rome on October 26, 1961. Howerever, it does represent a significant step forward for the international protection of related rights.

The long-awaited update at international level of the protection of audiovisual performers is accomplished with the Treaty, and this protection is updated with the recognition of the performers’ rights in the digital sphere.

The Treaty still recognizes the exclusive right of the performers to permit the broadcasting and communication to the public of their performances, fixed in the form of audiovisual recordings.
Regardless of that, it is intended that the Contracting Parties are able to declare in a notification registered with the Director General of the WIPO, that instead of setting up the right to provide an authorization by the performers, the CPs will set up a right for the equitable remuneration for the direct or indirect use of performances, recorded in the form of audiovisual recordings for broadcasting or for communication to the public.

The CPs may also declare they will set conditions in the legislations of their countries for the exercise of the equitable remuneration right.

Thus the Treaty of Beijing does not introduce new restrictions or prohibitions, but offers a solution to find the balance between the holders of protected related rights and the holders of public rights in the area.

 The Beijing Treaty on the audiovisual performances lacks the word “prohibition”; fulfilment of the obligation to impose sanctions on the acts of Internet users is neither foreseen.