U.S. GOVERNMENT PUBLISHING OFFICE

WASHINGTON : 

1 

59–118 

" ! SENATE 

114TH CONGRESS

2d Session 

TREATY DOC. 

2016

114–8 

BEIJING TREATY ON AUDIOVISUAL PERFORMANCES 

MESSAGE 

FROM

THE PRESIDENT OF THE UNITED STATES 

TRANSMITTING

THE BEIJING TREATY ON AUDIOVISUAL PERFORMANCES, DONE 

AT BEIJING ON JUNE 24, 2012 (BEIJING TREATY) 

FEBRUARY 10, 2016.—Treaty was read the first time, and together with 

the accompanying papers, referred to the Committee on Foreign Relations and ordered to be printed for the use of the Senate 


rfrederick on DSK6VPTVN1PROD with HEARINGE:\Seals\Congress.#13

rfrederick on DSK6VPTVN1PROD with HEARING
(III)

LETTER OF TRANSMITTAL 

THE WHITE HOUSE, February 10, 2016. 

To the Senate of the United States: 

With a view to receiving the advice and consent of the Senate to 

ratification, I transmit herewith the Beijing Treaty on Audiovisual 

Performances, done at Beijing on June 24, 2012 (Beijing Treaty). 

I also transmit, for the information of the Senate, a report of the 

Secretary of State with respect to the Beijing Treaty that includes 

a summary of its provisions. 

This copyright treaty, concluded under the auspices of the World 

Intellectual Property Organization (WIPO), advances the national 

interest of the United States in promoting the protection and enjoyment of creative works. The Beijing Treaty provides a modern 

international framework for the rights of performers in motion pictures, television programs, and other audiovisual works, similar to 

that already in place for producers of such works, for authors, and 

for performers and producers of sound recordings, pursuant to 

other WIPO copyright treaties the United States has joined. 

The United States played a leadership role in the negotiation of 

the treaty, and its provisions are broadly consistent with the approach and structure of existing U.S. law. Narrow changes in U.S. 

law will be needed for the United States to implement certain provisions of the treaty. Proposed legislation is being submitted to 

both houses of the Congress in conjunction with this transmittal. 

I recommend that the Senate give early and favorable consideration to the Beijing Treaty, and give its advice and consent to its 

ratification, subject to a declaration pursuant to Article 11 of the 

Beijing Treaty as described in the accompanying Department of 

State report. 

BARACK OBAMA. 


rfrederick on DSK6VPTVN1PROD with HEARING

rfrederick on DSK6VPTVN1PROD with HEARING
(V)

LETTER OF SUBMITTAL 

DEPARTMENT OF STATE, Washington, January 22, 2016. 

The PRESIDENT, The White House. 

THE PRESIDENT: I have the honor to submit to you, with a view 

to its transmittal to the Senate for advice and consent to ratification, the Beijing Treaty on Audiovisual Performances, done at Beijing June 24, 2012 (Beijing Treaty). The United States played a 

leadership role in the development of the Treaty, which was negotiated under the auspices of the World Intellectual Property Organization (WIPO). Joining the Beijing Treaty will promote the development of appropriate international rules in the realm of intellectual property and advance the rights of U.S. performers in motion 

pictures and television programs on par with existing global standards for musical performers. 

A brief summary of the treaty follows below. A detailed overview 

of the treaty, with an article-by-article summary, is enclosed. 

The Beijing Treaty is intended to provide up-to-date copyright 

protection for audiovisual performers in the United States and in 

countries around the world. It provides a modern international 

framework for performers’ legal rights—an increasingly important 

assurance in today’s world where audiovisual works are distributed 

globally in digital form. It also fills a gap in the international copyright system by extending to such performers the type of protections previously accorded to authors and to performers and producers of sound recordings, pursuant to existing international 

agreements to which the United States is a party. The Treaty’s 

framework is consistent with existing U.S. standards and its further adoption worldwide would advance national economic interests 

in the appropriate development, protection and exploitation of the 

intellectual property generated by America’s creative artists and industries. 

The provisions of the Beijing Treaty were carefully negotiated 

over a period of more than 15 years. The issues initially were considered in connection with the 1996 diplomatic conference that led 

to the conclusion of the WIPO Copyright Treaty (WCT) and the 

WIPO Performances and Phonograms Treaty (WPPT). (The United 

States ratified those two treaties in 1999, following Senate advice 

and consent and Congressional passage of the Digital Millennium 

Copyright Act the previous year.) At the time, however, no international consensus had developed as to how similar protection 

should be afforded to audiovisual performers. Countries narrowed 

the gaps at a diplomatic conference in 2000, but deadlocked over 

the issue of how performers could transfer to producers, by contract 


rfrederick on DSK6VPTVN1PROD with HEARING
VI

or otherwise, their exclusive rights regarding the uses of their performances. In 2010, the United States, with input and support from 

U.S. movie studios as well as artists’ representatives, worked to develop language that permits, but does not require, parties to provide in their domestic law for such a transfer of rights, once a performer has consented to the fixation of his or her performance. This 

compromise, reflected now in Article 12 of the Treaty, attracted 

support from other key jurisdictions and paved the way for the text 

to be finalized at a diplomatic conference in Beijing June 24, 2012. 

The outcome avoids prejudicing what is known in the United 

States as the ‘‘work made for hire’’ doctrine, a bedrock of U.S. motion picture industry practice. 

Among other elements, the Beijing Treaty includes provisions on 

audiovisual performers’ exclusive rights of authorizing the broadcasting, communication and fixation of their live performances; 

their exclusive rights of reproduction, distribution, rental, making 

available and communication to the public of their fixed performances; digital technologies; certain moral rights; and national treatment. The rights provided for are modeled on, and similar to, the 

rights provided to performers and producers of sound recordings 

pursuant to the WPPT. (Authors, software developers and computer programmers are accorded similar rights pursuant to the 

Berne Convention for the Protection of Literary and Artistic Works 

and the WCT.) These rights are largely already enshrined for copyright owners in the United States and many other countries: their 

inclusion in the Beijing Treaty helps develop international rules in 

the copyright area and encourages other countries to adopt these 

rules. The limited statutory changes for the United States to implement the Treaty are described in the separate proposed legislation 

the Administration is submitting to the Senate and to the House 

of Representatives in conjunction with the transmittal of this Treaty. The Beijing Treaty is non-self-executing. 

As described further in the article-by-article summary in the 

overview, one declaration in respect of Article 11 of the Treaty, concerning the exclusive right to authorize broadcasting and an alternative right to equitable remuneration, is recommended for inclusion in the Senate’s resolution of advice and consent to ratification 

of the Beijing Treaty. 

The Beijing Treaty is a landmark achievement for labor and industry working together to protect and promote U.S. audiovisual 

works globally. The Treaty will further encourage U.S. businesses 

and artists to invest time and talent in producing and exporting 

motion pictures and television programs, an area where America 

has a strong competitive edge. Once the Treaty is in force, if the 

United States joins, it will help ensure that U.S. performers are appropriately protected when their audiovisual performances are enjoyed by audiences in other countries that are parties to the Treaty. 

In view of the foregoing, I recommend that the Beijing Treaty on 

Audiovisual Performances be transmitted to the Senate as soon as 

possible for its advice and consent to ratification, subject to a declaration pursuant to Article 11, as described in the Overview. 

Respectfully submitted. 

JOHN F. KERRY. 

Enclosures: As stated. 


rfrederick on DSK6VPTVN1PROD with HEARING
VII


rfrederick on DSK6VPTVN1PROD with HEARINGInsert offset folio 8 here TD8.001
VIII


rfrederick on DSK6VPTVN1PROD with HEARINGInsert offset folio 9 here TD8.002
IX


rfrederick on DSK6VPTVN1PROD with HEARINGInsert offset folio 10 here TD8.003
X


rfrederick on DSK6VPTVN1PROD with HEARINGInsert offset folio 11 here TD8.004
XI


rfrederick on DSK6VPTVN1PROD with HEARINGInsert offset folio 12 here TD8.005
XII


rfrederick on DSK6VPTVN1PROD with HEARINGInsert offset folio 13 here TD8.006
XIII


rfrederick on DSK6VPTVN1PROD with HEARINGInsert offset folio 14 here TD8.007
XIV


rfrederick on DSK6VPTVN1PROD with HEARINGInsert offset folio 15 here TD8.008
XV


rfrederick on DSK6VPTVN1PROD with HEARINGInsert offset folio 16 here TD8.009

rfrederick on DSK6VPTVN1PROD with HEARING
(1) 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert offset folio 17 here TD8.010
2 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert offset folio 18 here TD8.011
3 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert offset folio 19 here TD8.012
4 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert offset folio 20 here TD8.013
5 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert offset folio 21 here TD8.014
6 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert offset folio 22 here TD8.015
7 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert offset folio 23 here TD8.016
8 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert offset folio 24 here TD8.017
9 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert offset folio 25 here TD8.018
10 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert offset folio 26 here TD8.019
11 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert offset folio 27 here TD8.020
12 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert offset folio 28 here TD8.021
13 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert offset folio 29 here TD8.022
14 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert offset folio 30 here TD8.023
15 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert offset folio 31 here TD8.024
16 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert offset folio 32 here TD8.025
17 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert offset folio 33 here TD8.026
18 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert offset folio 34 here TD8.027
19 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert offset folio 35 here TD8.028
20 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert offset folio 36 here TD8.029
21 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert offset folio 36 here TD8.030