1709 Blog: for all the copyright community

Tuesday, 29 July 2014

Beijing signs up for ... Beijing

This blogger was pleased to see, by Beijing Notification No. 5: Beijing Treaty on Audiovisual Performances, that the People’s Republic of China has ratified this treaty. According to this notice:
The Director General of the World Intellectual Property Organization (WIPO) presents his compliments to the Minister for Foreign Affairs and has the honor to notify the deposit by the Government of the People’s Republic of China, on July 9, 2014, of its instrument of ratification of the Beijing Treaty on Audiovisual Performances, adopted at Beijing on June 24, 2012.

The said instrument contained the following declarations:

– “The People’s Republic of China shall not be bound by Article 11(1) [bad news for performers: "Performers shall enjoy the exclusive right of authorizing the broadcasting and communication to the public of their performances fixed in audiovisual fixations"] and (2) [ditto: "Contracting Parties may ... declare that, instead of the right of authorization provided for in paragraph (1), they will establish a right to equitable remuneration for the direct or indirect use of performances fixed in audiovisual fixations for broadcasting or for communication to the public. Contracting Parties may also declare that they will set conditions in their legislation for the exercise of the right to equitable remuneration"] of the Beijing Treaty on Audiovisual Performances.

– “The Beijing Treaty on Audiovisual Performances shall not apply for the time being to the Hong Kong Special Administrative Region of the People’s Republic of China until otherwise notified by the Government of the People’s Republic of China.”

The date of entry into force of the said Treaty will be notified when the required number of ratifications or accessions is reached in accordance with Article 26 of the said Treaty.
China joins Syria, Botswana, the Slovak Republic and Japan, but there's still some way to go before the treaty comes into force. as Article 26 states:
This Treaty shall enter into force three months after 30 eligible parties referred to in Article 23 have deposited their instruments of ratification or accession.

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