視聴覚的実演に関する北京条約（原文）Beijing Treaty on Audiovisual Performances

CONTENTS
Preamble
Article 1:

Relation to Other Conventions and Treaties

Article 2:

Definitions

Article 3:

Beneficiaries of Protection

Article 4:

National Treatment

Article 5:

Moral Rights

Article 6:

Economic Rights of Performers in their Unfixed Performances

Article 7:

Right of Reproduction

Article 8:

Right of Distribution

Article 9:

Right of Rental

Article 10:

Right of Making Available of Fixed Performances

Article 11:

Right of Broadcasting and Communication to the Public

Article 12:

Transfer of Rights

Article 13:

Limitations and Exceptions

Article 14:

Term of Protection

Article 15:

Obligations concerning Technological Measures

Article 16:

Obligations concerning Rights Management Information

Article 17:

Formalities

Article 18:

Reservations and Notifications

Article 19:

Application in Time

Article 20:

Provisions on Enforcement of Rights

Article 21:

Assembly

Article 22:

International Bureau

Article 23:

Eligibility for Becoming Party to the Treaty

Article 24:

Rights and Obligations under the Treaty

Article 25:

Signature of the Treaty

Article 26:

Entry into Force of the Treaty

Article 27:

Effective Date of Becoming Party to the Treaty

Article 28:

Denunciation of the Treaty

Article 29:

Languages of the Treaty

Article 30:

Depositary

Preamble
The Contracting Parties,
Desiring to develop and maintain the protection of the rights of performers in theiraudiovisual performances in a manner as effective and uniform as possible,
Recalling the importance of the Development Agenda recommendations, adopted in2007 by the General Assembly of the Convention Establishing the World Intellectual
Property Organization (WIPO), which aim to ensure that development considerations
form an integral part of the Organization’s work,
Recognizing the need to introduce new international rules in order to provide adequate
solutions to the questions raised by economic, social, cultural and technologicaldevelopments,
Recognizing the profound impact of the development and convergence of informationand communication technologies on the production and use of audiovisualperformances,
Recognizing the need to maintain a balance between the rights of performers in theiraudiovisual performances and the larger public interest, particularly education,
research and access to information,
Recognizing that the WIPO Performances and Phonograms Treaty (WPPT) done in
Geneva on December 20, 1996, does not extend protection to performers in respect of
their performances fixed in audiovisual fixations,
Referring to the Resolution concerning Audiovisual Performances adopted by the
Diplomatic Conference on Certain Copyright and Neighboring Rights Questions on
December 20, 1996,
Have agreed as follows:
Article 1 Relation to Other Conventions and Treaties(1) Nothing in this Treaty shall derogate from existing obligations that Contracting
Parties have to each other under the WPPT or the International Convention for theProtection of Performers, Producers of Phonograms and Broadcasting Organizations
done in Rome on October 26, 1961.

(2) Protection granted under this Treaty shall leave intact and shall in no way affect theprotection of copyright in literary and artistic works. Consequently, no provision ofthis Treaty may be interpreted as prejudicing such protection.
(3) This Treaty shall not have any connection with treaties other than the WPPT, norshall it prejudice any rights and obligations under any other treaties.
Article 2 Definitions
For the purposes of this Treaty:(a) “performers” are actors, singers, musicians, dancers, and other persons who act,
sing, deliver, declaim, play in, interpret, or otherwise perform literary or artistic
works or expressions of folklore;(b) “audiovisual fixation” means the embodiment of moving images, whether or notaccompanied by sounds or by the representations thereof, from which they can beperceived, reproduced or communicated through a device;(c) “broadcasting” means the transmission by wireless means for public reception ofsounds or of images or of images and sounds or of the representations thereof;
such transmission by satellite is also “broadcasting”; transmission of encryptedsignals is “broadcasting” where the means for decrypting are provided to the
public by the broadcasting organization or with its consent;(d) “communication to the public” of a performance means the transmission to the
public by any medium, otherwise than by broadcasting, of an unfixed performance,
or of a performance fixed in an audiovisual fixation. For the purposes of Article
11, “communication to the public” includes making a performance fixed in an
audiovisual fixation audible or visible or audible and visible to the public.
Article 3 Beneficiaries of Protection(1) Contracting Parties shall accord the protection granted under this Treaty toperformers who are nationals of other Contracting Parties.
(2) Performers who are not nationals of one of the Contracting Parties but who havetheir habitual residence in one of them shall, for the purposes of this Treaty, be
assimilated to nationals of that Contracting Party.
Article 4 National Treatment(1) Each Contracting Party shall accord to nationals of other Contracting Parties thetreatment it accords to its own nationals with regard to the exclusive rights specificallygranted in this Treaty and the right to equitable remuneration provided for in Article 11of this Treaty.
(2) A Contracting Party shall be entitled to limit the extent and term of the protection
accorded to nationals of another Contracting Party under paragraph (1), with respect tothe rights granted in Article 11(1) and 11(2) of this Treaty, to those rights that its own
nationals enjoy in that other Contracting Party.
(3) The obligation provided for in paragraph (1) does not apply to a Contracting Party to
the extent that another Contracting Party makes use of the reservations permitted by
Article 11(3) of this Treaty, nor does it apply to a Contracting Party, to the extent that it
has made such reservation.
Article 5 Moral Rights(1) Independently of a performer’s economic rights, and even after the transfer of thoserights, the performer shall, as regards his live performances or performances fixed inaudiovisual fixations, have the right:(i) to claim to be identified as the performer of his performances, except whereomission is dictated by the manner of the use of the performance; and(ii) to object to any distortion, mutilation or other modification of his performancesthat would be prejudicial to his reputation, taking due account of the nature ofaudiovisual fixations.
(2) The rights granted to a performer in accordance with paragraph (1) shall, after his
death, be maintained, at least until the expiry of the economic rights, and shall be
exercisable by the persons or institutions authorized by the legislation of theContracting Party where protection is claimed. However, those Contracting Parties
whose legislation, at the moment of their ratification of or accession to this Treaty, does
not provide for protection after the death of the performer of all rights set out in thepreceding paragraph may provide that some of these rights will, after his death, cease
to be maintained.
(3) The means of redress for safeguarding the rights granted under this Article shall begoverned by the legislation of the Contracting Party where protection is claimed.
Article 6 Economic Rights of Performers in their Unfixed Performances
Performers shall enjoy the exclusive right of authorizing, as regards their performances:(i) the broadcasting and communication to the public of their unfixedperformances except where the performance is already a broadcast
performance; and(ii) the fixation of their unfixed performances.
Article 7 Right of Reproduction
Performers shall enjoy the exclusive right of authorizing the direct or indirect
reproduction of their performances fixed in audiovisual fixations, in any manner orform.
Article 8 Right of Distribution(1) Performers shall enjoy the exclusive right of authorizing the making available to the
public of the original and copies of their performances fixed in audiovisual fixations
through sale or other transfer of ownership.
(2) Nothing in this Treaty shall affect the freedom of Contracting Parties to determine
the conditions, if any, under which the exhaustion of the right in paragraph (1) applies
after the first sale or other transfer of ownership of the original or a copy of the fixedperformance with the authorization of the performer.
Article 9 Right of Rental(1) Performers shall enjoy the exclusive right of authorizing the commercial rental tothe public of the original and copies of their performances fixed in audiovisual fixations
as determined in the national law of Contracting Parties, even after distribution ofthem by, or pursuant to, authorization by the performer.
(2) Contracting Parties are exempt from the obligation of paragraph (1) unless thecommercial rental has led to widespread copying of such fixations materially impairing
the exclusive right of reproduction of performers8.
Article 10 Right of Making Available of Fixed Performances
Performers shall enjoy the exclusive right of authorizing the making available to the
public of their performances fixed in audiovisual fixations, by wire or wireless means, insuch a way that members of the public may access them from a place and at a time
individually chosen by them.
Article 11 Right of Broadcasting and Communication to the Public(1) Performers shall enjoy the exclusive right of authorizing the broadcasting andcommunication to the public of their performances fixed in audiovisual fixations.
(2) Contracting Parties may in a notification deposited with the Director General of
WIPO 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 theirlegislation for the exercise of the right to equitable remuneration.
(3) Any Contracting Party may declare that it will apply the provisions of paragraphs (1)or (2) only in respect of certain uses, or that it will limit their application in some otherway, or that it will not apply the provisions of paragraphs (1) and (2) at all.
Article 12 Transfer of Rights(1) A Contracting Party may provide in its national law that once a performer has
consented to fixation of his or her performance in an audiovisual fixation, the exclusive
rights of authorization provided for in Articles 7 to 11 of this Treaty shall be owned or
exercised by or transferred to the producer of such audiovisual fixation subject to any
contract to the contrary between the performer and the producer of the audiovisual
fixation as determined by the national law.
(2) A Contracting Party may require with respect to audiovisual fixations produced
under its national law that such consent or contract be in writing and signed by bothparties to the contract or by their duly authorized representatives.
(3) Independent of the transfer of exclusive rights described above, national laws orindividual, collective or other agreements may provide the performer with the right toreceive royalties or equitable remuneration for any use of the performance, as provided
for under this Treaty including as regards Articles 10 and 11.
Article 13 Limitations and Exceptions(1) Contracting Parties may, in their national legislation, provide for the same kinds oflimitations or exceptions with regard to the protection of performers as they provide for,in their national legislation, in connection with the protection of copyright in literary
and artistic works.
(2) Contracting Parties shall confine any limitations of or exceptions to rights provided
for in this Treaty to certain special cases which do not conflict with a normal
exploitation of the performance and do not unreasonably prejudice the legitimate
interests of the performer.
Article 14 Term of Protection

The term of protection to be granted to performers under this Treaty shall last, at least,
until the end of a period of 50 years computed from the end of the year in which theperformance was fixed.
Article 15 Obligations concerning Technological Measures
Contracting Parties shall provide adequate legal protection and effective legal remedies
against the circumvention of effective technological measures that are used by
performers in connection with the exercise of their rights under this Treaty and that
restrict acts, in respect of their performances, which are not authorized by theperformers concerned or permitted by law.
Article 16 Obligations concerning Rights Management Information(1) Contracting Parties shall provide adequate and effective legal remedies against any
person knowingly performing any of the following acts knowing, or with respect to civil
remedies having reasonable grounds to know, that it will induce, enable, facilitate, orconceal an infringement of any right covered by this Treaty:(i) to remove or alter any electronic rights management information withoutauthority;(ii) to distribute, import for distribution, broadcast, communicate or makeavailable to the public, without authority, performances or copies of
performances fixed in audiovisual fixations knowing that electronic rights
management information has been removed or altered without authority.
(2) As used in this Article, “rights management information” means information which
identifies the performer, the performance of the performer, or the owner of any right in
the performance, or information about the terms and conditions of use of theperformance, and any numbers or codes that represent such information, when any ofthese items of information is attached to a performance fixed in an audiovisual fixation.
Article 17 Formalities
The enjoyment and exercise of the rights provided for in this Treaty shall not be subject
to any formality.
Article 18 Reservations and Notifications(1) Subject to provisions of Article 11(3), no reservations to this Treaty shall bepermitted.

(2) Any notification under Article 11 (2) or 19 (2) may be made in instruments ofratification or accession, and the effective date of the notification shall be the same as
the date of entry into force of this Treaty with respect to the Contracting Party having
made the notification. Any such notification may also be made later, in which case thenotification shall have effect three months after its receipt by the Director General of
WIPO or at any later date indicated in the notification.
Article 19 Application in Time
(1) Contracting Parties shall accord the protection granted under this Treaty to fixedperformances that exist at the moment of the entry into force of this Treaty and to all
performances that occur after the entry into force of this Treaty for each Contracting
Party.
(2) Notwithstanding the provisions of paragraph (1), a Contracting Party may declare ina notification deposited with the Director General of WIPO that it will not apply theprovisions of Articles 7 to 11 of this Treaty, or any one or more of those, to fixedperformances that existed at the moment of the entry into force of this Treaty for eachContracting Party. In respect of such Contracting Party, other Contracting Parties
may limit the application of the said Articles to performances that occurred after theentry into force of this Treaty for that Contracting Party.
(3) The protection provided for in this Treaty shall be without prejudice to any acts
committed, agreements concluded or rights acquired before the entry into force of thisTreaty for each Contracting Party.
(4) Contracting Parties may in their legislation establish transitional provisions underwhich any person who, prior to the entry into force of this Treaty, engaged in lawful actswith respect to a performance, may undertake with respect to the same performanceacts within the scope of the rights provided for in Articles 5 and 7 to 11 after the entry
into force of this Treaty for the respective Contracting Parties.
Article 20 Provisions on Enforcement of Rights(1) Contracting Parties undertake to adopt, in accordance with their legal systems, themeasures necessary to ensure the application of this Treaty.
(2) Contracting Parties shall ensure that enforcement procedures are available under
their law so as to permit effective action against any act of infringement of rights
covered by this Treaty, including expeditious remedies to prevent infringements andremedies which constitute a deterrent to further infringements.

Article 21 Assembly(1) (a) The Contracting Parties shall have an Assembly.
(b) Each Contracting Party shall be represented in the Assembly by one delegate
who may be assisted by alternate delegates, advisors and experts.
(c) The expenses of each delegation shall be borne by the Contracting Party that has
appointed the delegation. The Assembly may ask WIPO to grant financial
assistance to facilitate the participation of delegations of Contracting Parties thatare regarded as developing countries in conformity with the established practiceof the General Assembly of the United Nations or that are countries in transition
to a market economy.
(2) (a) The Assembly shall deal with matters concerning the maintenance anddevelopment of this Treaty and the application and operation of this Treaty.
(b) The Assembly shall perform the function allocated to it under Article 23 (2) inrespect of the admission of certain intergovernmental organizations to become
party to this Treaty.
(c) The Assembly shall decide the convocation of any diplomatic conference for therevision of this Treaty and give the necessary instructions to the Director
General of WIPO for the preparation of such diplomatic conference.
(3) (a) Each Contracting Party that is a State shall have one vote and shall vote only in
its own name.
(b) Any Contracting Party that is an intergovernmental organization may
participate in the vote, in place of its Member States, with a number of votes
equal to the number of its Member States which are party to this Treaty. No
such intergovernmental organization shall participate in the vote if any one of its
Member States exercises its right to vote and vice versa.
(4) The Assembly shall meet upon convocation by the Director General and, in theabsence of exceptional circumstances, during the same period and at the same placeas the General Assembly of WIPO.
(5) The Assembly shall endeavor to take its decisions by consensus and shall establish
its own rules of procedure, including the convocation of extraordinary sessions, therequirements of a quorum and, subject to the provisions of this Treaty, the required
majority for various kinds of decisions.
Article 22 International Bureau
The International Bureau of WIPO shall perform the administrative tasks concerning
the Treaty.

Article 23 Eligibility for Becoming Party to the Treaty(1) Any Member State of WIPO may become party to this Treaty.
(2) The Assembly may decide to admit any intergovernmental organization to become
party to this Treaty which declares that it is competent in respect of, and has its own
legislation binding on all its Member States on, matters covered by this Treaty and thatit has been duly authorized, in accordance with its internal procedures, to become party
to this Treaty.
(3) The European Union, having made the declaration referred to in the preceding
paragraph in the Diplomatic Conference that has adopted this Treaty, may become
party to this Treaty.
Article 24 Rights and Obligations under the Treaty
Subject to any specific provisions to the contrary in this Treaty, each Contracting Party
shall enjoy all of the rights and assume all of the obligations under this Treaty.
Article 25 Signature of the Treaty
This Treaty shall be open for signature at the headquarters of WIPO by any eligible
party for one year after its adoption.
Article 26 Entry into Force of the Treaty
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.
Article 27 Effective Date of Becoming Party to the Treaty.
This Treaty shall bind:(i) the 30 eligible parties referred to in Article 26, from the date on which thisTreaty has entered into force;(ii) each other eligible party referred to in Article 23, from the expiration of threemonths from the date on which it has deposited its instrument of ratification oraccession with the Director General of WIPO.
Article 28 Denunciation of the Treaty
This Treaty may be denounced by any Contracting Party by notification addressed to
the Director General of WIPO. Any denunciation shall take effect one year from thedate on which the Director General of WIPO received the notification.

Article 29 Languages of the Treaty(1) This Treaty is signed in a single original in English, Arabic, Chinese, French,
Russian and Spanish languages, the versions in all these languages being equallyauthentic.
(2) An official text in any language other than those referred to in paragraph (1) shall beestablished by the Director General of WIPO on the request of an interested party, after
consultation with all the interested parties. For the purposes of this paragraph,“interested party” means any Member State of WIPO whose official language, or one ofwhose official languages, is involved and the European Union, and any otherintergovernmental organization that may become party to this Treaty, if one of its
official languages is involved.
Article 30 Depositary
The Director General of WIPO is the depositary of this Treaty.