世界知识产权组织杂志，2012年第4期（8月）

New treaty streNgtheNs performers’ rightsp.2|the artof video gamesp.10|globaliNNovatioNiNdex 2012p.32 Contents p.2New treaty strengthens performers’ rightsp.8Managing performers’ rights: the role of contractsp.10Video games: 21stcentury artp.15Guaranteeing access to knowledge:the role of librariesp.19Navigating US copyright termination rightsp.22Pay-as-you-go solar powerp.25A glimpse into the future of paralympic sportsp.31The evolving domain name landscapep.32Global Innovation Index 2012 Editor:Catherine JewellGraphic Designer:Annick DemierreCover image:© WIPO 2012 Acknowledgements:p.2:Michele Woodsp.8:Victor Vazquez-Lopezp.10 & p.15:Paolo Lanterip.19:Carlos Castrop.22:Matthew Bryanp.32:Sacha Wunsch-Vincent new treatystrengthens performers’ rights For the first time in over 60 years, the intellectual prop-erty (IP) rights of actors and other audiovisual per-formers have been expanded and comprehensivelyrecognized in international copyright law. A new treatyconcluded in Beijing on June 26, 2012, will strengthenthe economic and moral rights of performers in theiraudiovisual performances. The Beijing Treaty on Audio-visual Performances – so named in honor of the cityhosting the final negotiations – will enter into force uponratification by 30 eligible parties, including countriesand certain intergovernmental organizations. WIPOMagazine considers what this new treaty, over 15 yearsin the making, means to performers around the world. IMPACTOFThe BeIJIng TreATy The Beijing Treaty on Audiovisual Performances will strengthenthe precarious position of many struggling film actors and otherperformers by providing a clearer international legal frameworkfor their protection. It will give performers stronger economicrights and valuable extra income. Exactly how much will dependon how the treaty is put into national legislation and implement-ed in practice. The Treaty provides a legal framework setting anexpectation that countries that become party to it will pay forthe use of foreign audiovisual performances, and encouragesome or all of that revenue to go to the performers involved, thevast majority of whom earn very little. For example, this couldmean that when a film is reproduced, sold, rented or broadcastin a foreign country, some money would go to the country oforigin and can then be shared with performers. “In the sameway that writers and composers depend upon royalty incomefor their survival in the long term, performers around the worldmust benefit as well from the income from the exploitation oftheir works,” explained Academy Award-winning actress MerylStreep in the lead-up to the Diplomatic Conference. The Beijing Treaty will also provide performers with protection inthe digital environment, giving them some measure of controlover how and when their works – their films and videos – areused on the Internet. “This is a pivotal time in the performers’battle for IP protection, because of the increased variety and useof digital technology that makes producing, manipulating anddisseminating an artist’s work so easy,” Ms. Streep observed. wipodirectorgeneralfrancisgurrysays that thebeijingtreaty is both atriumph for audiovisual performersand a victory for multilateralism. The career and livelihood of actors “depend on the control ofour performances and our image and likeness. Sadly, manyactors do not have control of their performances and do nothave the right to fair and equitable compensation for the use oftheir faces, bodies and voices,” said Segun Arinze, Presidentof the Actors Guild of Nigeria. In many countries the Treaty willmean that the performances of actors in audiovisual workssuch as movies, television programs and pop music videoswill be protected for the very first time. mr.liu Qi,member of thepoliticalbureauof the Central Committee of the Communistparty of China (CpC) and thesecretary of theCpCbeijingmunicipal Committee, describedthetreaty as the pride ofbeijing. ”respectforipis a must,” he said . “we will grasp thisopportunity to further strengthen intellectualproperty and buildbeijing as the first city ofip.” Chinastate Counselorliuyandongreaffirms the Chinesegovernment’scommitment toipprotection. performers are not second-class citizens. Along with audioperformers, producers and authors, we are now recognizedas having economic and moral rights over the content that weperform in,” said Australian actor Simon Burke. “It’s crazy thatit hasn’t happened before, but it’s just so, so important that ithas happened now,” he added. “It is something that is so right,so just and it’s finally coming true.” How a treaty enters into force A treaty enters into force upon ratification by a prescribednumber of eligible parties. Countries often sign a treaty uponits adoption. This constitutes a preliminary endorsementand demonstrates a country’s intent to examine the treatydomestically with a view to ratifying it. Signing a treaty,however, does not create a binding legal obligation to ratify it. “Actors