Title: wetten.nl - Regeling - Verdrag van Beijing inzake audiovisuele uitvoeringen - BWBV0006805

Source: https://wetten.overheid.nl/BWBV0006805/

Content:
{"title": "wetten.nl - Regeling - Verdrag van Beijing inzake audiovisuele uitvoeringen - BWBV0006805", "content": "Verdrag van Beijing inzake audiovisuele uitvoeringen\n\n[Treedt in werking op een nader te bepalen tijdstip]\n\nPreamble\n\nThe Contracting Parties,\n\nDesiring to develop and maintain the protection of the rights of performers in their\n                                       audiovisual performances in a manner as effective and uniform as possible,\n\nRecalling the importance of the Development Agenda recommendations, adopted in 2007\n                                       by the General Assembly of the Convention Establishing the World Intellectual Property\n                                       Organization (WIPO), which aim to ensure that development considerations form an integral\n                                       part of the Organization\u2019s work,\n\nRecognizing the need to introduce new international rules in order to provide adequate\n                                       solutions to the questions raised by economic, social, cultural and technological\n                                       developments,\n\nRecognizing the profound impact of the development and convergence of information\n                                       and communication technologies on the production and use of audiovisual performances,\n\nRecognizing the need to maintain a balance between the rights of performers in their\n                                       audiovisual performances and the larger public interest, particularly education, research\n                                       and access to information,\n\nRecognizing that the WIPO Performances and Phonograms Treaty (WPPT) done in Geneva on December 20, 1996, does not extend protection to performers in\n                                       respect of their performances fixed in audiovisual fixations,\n\nReferring to the Resolution concerning Audiovisual Performances adopted by the Diplomatic\n                                       Conference on Certain Copyright and Neighboring Rights Questions on December 20, 1996,\n\nHave agreed as follows:\n\n[Treedt in werking op een nader te bepalen tijdstip]\n\n1 Nothing in this Treaty shall derogate from existing obligations that Contracting Parties\n                                             have to each other under the WPPT or the International Convention for the Protection of Performers, Producers of Phonograms\n                                                and Broadcasting Organizations done in Rome on October 26, 1961.\n\n2 Protection granted under this Treaty shall leave intact and shall in no way affect\n                                             the protection of copyright in literary and artistic works. Consequently, no provision\n                                             of this Treaty may be interpreted as prejudicing such protection.\n\n3 This Treaty shall not have any connection with treaties other than the WPPT, nor shall it prejudice any rights and obligations under any other treaties1, 2.\n\n[Treedt in werking op een nader te bepalen tijdstip]\n\nFor the purposes of this Treaty:\n\na) \u201cperformers\u201d are actors, singers, musicians, dancers, and other persons who act, sing,\n                                             deliver, declaim, play in, interpret, or otherwise perform literary or artistic works\n                                             or expressions of folklore3;\n\nb) \u201eaudiovisual fixation\u201d means the embodiment of moving images, whether or not accompanied\n                                             by sounds or by the representations thereof, from which they can be perceived, reproduced\n                                             or communicated through a device4;\n\nc) \u201ebroadcasting\u201d means the transmission by wireless means for public reception of sounds\n                                             or of images or of images and sounds or of the representations thereof; such transmission\n                                             by satellite is also \u201cbroadcasting\u201d; transmission of encrypted signals is \u201cbroadcasting\u201dwhere\n                                             the means for decrypting are provided to the public by the broadcasting organization\n                                             or with its consent;\n\nd) \u201ecommunication to the public\u201d of a performance means the transmission to the public\n                                             by any medium, otherwise than by broadcasting, of an unfixed performance, or of a\n                                             performance fixed in an audiovisual fixation. For the purposes of Article 11, \u201ccommunication to the public\u201d includes making a performance fixed in an audiovisual\n                                             fixation audible or visible or audible and visible to the public.\n\n[Treedt in werking op een nader te bepalen tijdstip]\n\n1 Contracting Parties shall accord the protection granted under this Treaty to performers\n                                             who are nationals of other Contracting Parties.\n\n2 Performers who are not nationals of one of the Contracting Parties but who have their\n                                             habitual residence in one of them shall, for the purposes of this Treaty, be assimilated\n                                             to nationals of that Contracting Party.\n\n[Treedt in werking op een nader te bepalen tijdstip]\n\n1 Each Contracting Party shall accord to nationals of other Contracting Parties the\n                                             treatment it accords to its own nationals with regard to the exclusive rights specifically\n                                             granted in this Treaty and the right to equitable remuneration provided for in Article 11 of this Treaty.\n\n2 A Contracting Party shall be entitled to limit the extent and term of the protection\n                                             accorded to nationals of another Contracting Party under paragraph (1), with respect\n                                             to the rights granted in Article 11(1) and 11(2) of this Treaty, to those rights that its own nationals enjoy in that other\n                                             Contracting Party.\n\n3 The obligation provided for in paragraph (1) does not apply to a Contracting Party\n                                             to the extent that another Contracting Party makes use of the reservations permitted\n                                             by Article 11(3) of this Treaty, nor does it apply to a Contracting Party, to the extent that it has\n                                             made such reservation.\n\n[Treedt in werking op een nader te bepalen tijdstip]\n\n1 Independently of a performer\u2019s economic rights, and even after the transfer of those\n                                             rights, the performer shall, as regards his live performances or performances fixed\n                                             in audiovisual fixations, have the right:\n\n(i) to claim to be identified as the performer of his performances, except where omission\n                                                   is dictated by the manner of the use of the performance; and\n\n(ii) to object to any distortion, mutilation or other modification of his performances\n                                                   that would be prejudicial to his reputation, taking due account of the nature of audiovisual\n                                                   fixations.\n\n2 The rights granted to a performer in accordance with paragraph (1) shall, after his\n                                             death, be maintained, at least until the expiry of the economic rights, and shall\n                                             be exercisable by the persons or institutions authorized by the legislation of the\n                                             Contracting Party where protection is claimed. However, those Contracting Parties\n                                             whose legislation, at the moment of their ratification of or accession to this Treaty,\n                                             does not provide for protection after the death of the performer of all rights set\n                                             out in the preceding paragraph may provide that some of these rights will, after his\n                                             death, cease to be maintained.\n\n3 The means of redress for safeguarding the rights granted under this Article shall\n                                             be governed by the legislation of the Contracting Party where protection is claimed5.\n\n[Treedt in werking op een nader te bepalen tijdstip]\n\nPerformers shall enjoy the exclusive right of authorizing, as regards their performances:\n\n(i) the broadcasting and communication to the public of their unfixed performances except\n                                             where the performance is already a broadcast performance; and\n\n(ii) the fixation of their unfixed performances.\n\n[Treedt in werking op een nader te bepalen tijdstip]\n\nPerformers shall enjoy the exclusive right of authorizing the direct or indirect reproduction\n                                       of their performances fixed in audiovisual fixations, in any manner or form6.\n\n[Treedt in werking op een nader te bepalen tijdstip]\n\n1 Performers shall enjoy the exclusive right of authorizing the making available to\n                                             the public of the original and copies of their performances fixed in audiovisual fixations\n                                             through sale or other transfer of ownership.\n\n2 Nothing in this Treaty shall affect the freedom of Contracting Parties to determine\n                                             the conditions, if any, under which the exhaustion of the right in paragraph (1) applies\n                                             after the first sale or other transfer of ownership of the original or a copy of the\n                                             fixed performance with the authorization of the performer7.\n\n[Treedt in werking op een nader te bepalen tijdstip]\n\n1 Performers shall enjoy the exclusive right of authorizing the commercial rental to\n                                             the public of the original and copies of their performances fixed in audiovisual fixations\n                                             as determined in the national law of Contracting Parties, even after distribution\n                                             of them by, or pursuant to, authorization by the performer.\n\n2 Contracting Parties are exempt from the obligation of paragraph (1) unless the commercial\n                                             rental has led to widespread copying of such fixations materially impairing the exclusive\n                                             right of reproduction of performers8.\n\n[Treedt in werking op een nader te bepalen tijdstip]\n\nPerformers shall enjoy the exclusive right of authorizing the making available to\n                                       the public of their performances fixed in audiovisual fixations, by wire or wireless\n                                       means, in such a way that members of the public may access them from a place and at\n                                       a time individually chosen by them.\n\n[Treedt in werking op een nader te bepalen tijdstip]\n\n1 Performers shall enjoy the exclusive right of authorizing the broadcasting and communication\n                                             to the public of their performances fixed in audiovisual fixations.\n\n2 Contracting Parties may in a notification deposited with the Director General of WIPO\n                                             declare that, instead of the right of authorization provided for in paragraph (1),\n                                             they will establish a right to equitable remuneration for the direct or indirect use\n                                             of performances fixed in audiovisual fixations for broadcasting or for communication\n                                             to the public. Contracting Parties may also declare that they will set conditions\n                                             in their legislation for the exercise of the right to equitable remuneration.\n\n3 Any Contracting Party may declare that it will apply the provisions of paragraphs\n                                             (1) or (2) only in respect of certain uses, or that it will limit their application\n                                             in some other way, or that it will not apply the provisions of paragraphs (1) and\n                                             (2) at all.\n\n[Treedt in werking op een nader te bepalen tijdstip]\n\n1 A Contracting Party may provide in its national law that once a performer has consented\n                                             to fixation of his or her performance in an audiovisual fixation, the exclusive rights\n                                             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\n                                             audiovisual fixation subject to any contract to the contrary between the performer\n                                             and the producer of the audiovisual fixation as determined by the national law.\n\n2 A Contracting Party may require with respect to audiovisual fixations produced under\n                                             its national law that such consent or contract be in writing and signed by both parties\n                                             to the contract or by their duly authorized representatives.\n\n3 Independent of the transfer of exclusive rights described above, national laws or\n                                             individual, collective or other agreements may provide the performer with the right\n                                             to receive royalties or equitable remuneration for any use of the performance, as\n                                             provided for under this Treaty including as regards Articles 10 and 11.\n\n[Treedt in werking op een nader te bepalen tijdstip]\n\n1 Contracting Parties may, in their national legislation, provide for the same kinds\n                                             of limitations or exceptions with regard to the protection of performers as they provide\n                                             for, in their national legislation, in connection with the protection of copyright\n                                             in literary and artistic works.\n\n2 Contracting Parties shall confine any limitations of or exceptions to rights provided\n                                             for in this Treaty to certain special cases which do not conflict with a normal exploitation\n                                             of the performance and do not unreasonably prejudice the legitimate interests of the\n                                             performer9.\n\n[Treedt in werking op een nader te bepalen tijdstip]\n\nThe term of protection to be granted to performers under this Treaty shall last, at\n                                       least, until the end of a period of 50 years computed from the end of the year in\n                                       which the performance was fixed.\n\n[Treedt in werking op een nader te bepalen tijdstip]\n\nContracting Parties shall provide adequate legal protection and effective legal remedies\n                                       against the circumvention of effective technological measures that are used by performers\n                                       in connection with the exercise of their rights under this Treaty and that restrict\n                                       acts, in respect of their performances, which are not authorized by the performers\n                                       concerned or permitted by law10, 11.\n\n[Treedt in werking op een nader te bepalen tijdstip]\n\n1 Contracting Parties shall provide adequate and effective legal remedies against any\n                                             person knowingly performing any of the following acts knowing, or with respect to\n                                             civil remedies having reasonable grounds to know, that it will induce, enable, facilitate,\n                                             or conceal an infringement of any right covered by this Treaty:\n\n(i) to remove or alter any electronic rights management information without authority;\n\n(ii) to distribute, import for distribution, broadcast, communicate or make available to\n                                                   the public, without authority, performances or copies of performances fixed in audiovisual\n                                                   fixations knowing that electronic rights management information has been removed or\n                                                   altered without authority.\n\n2 As used in this Article, \u201crights management information\u201d means information which identifies\n                                             the performer, the performance of the performer, or the owner of any right in the\n                                             performance, or information about the terms and conditions of use of the performance,\n                                             and any numbers or codes that represent such information, when any of these items\n                                             of information is attached to a performance fixed in an audiovisual fixation12.\n\n[Treedt in werking op een nader te bepalen tijdstip]\n\nThe enjoyment and exercise of the rights provided for in this Treaty shall not be\n                                       subject to any formality.\n\n[Treedt in werking op een nader te bepalen tijdstip]\n\n1 Subject to provisions of Article 11(3), no reservations to this Treaty shall be permitted.\n\n2 Any notification under Article 11(2) or 19(2) may be made in instruments of ratification or accession, and the effective date of\n                                             the notification shall be the same as the date of entry into force of this Treaty\n                                             with respect to the Contracting Party having made the notification. Any such notification\n                                             may also be made later, in which case the notification shall have effect three months\n                                             after its receipt by the Director General of WIPO or at any later date indicated in\n                                             the notification.\n\n[Treedt in werking op een nader te bepalen tijdstip]\n\n1 Contracting Parties shall accord the protection granted under this Treaty to fixed\n                                             performances that exist at the moment of the entry into force of this Treaty and to\n                                             all performances that occur after the entry into force of this Treaty for each Contracting\n                                             Party.\n\n2 Notwithstanding the provisions of paragraph (1), a Contracting Party may declare in\n                                             a notification deposited with the Director General of WIPO that it will not apply\n                                             the provisions of Articles 7 to 11 of this Treaty, or any one or more of those, to fixed performances that existed at\n                                             the moment of the entry into force of this Treaty for each Contracting Party. In respect\n                                             of such Contracting Party, other Contracting Parties may limit the application of\n                                             the said Articles to performances that occurred after the entry into force of this\n                                             Treaty for that Contracting Party.\n\n3 The protection provided for in this Treaty shall be without prejudice to any acts\n                                             committed, agreements concluded or rights acquired before the entry into force of\n                                             this Treaty for each Contracting Party.\n\n4 Contracting Parties may in their legislation establish transitional provisions under\n                                             which any person who, prior to the entry into force of this Treaty, engaged in lawful\n                                             acts with respect to a performance, may undertake with respect to the same performance\n                                             acts 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.\n\n[Treedt in werking op een nader te bepalen tijdstip]\n\n1 Contracting Parties undertake to adopt, in accordance with their legal systems, the\n                                             measures necessary to ensure the application of this Treaty.\n\n2 Contracting Parties shall ensure that enforcement procedures are available under their\n                                             law so as to permit effective action against any act of infringement of rights covered\n                                             by this Treaty, including expeditious remedies to prevent infringements and remedies\n                                             which constitute a deterrent to further infringements.\n\n[Treedt in werking op een nader te bepalen tijdstip]\n\n1\n\na) The Contracting Parties shall have an Assembly.\n\nb) Each Contracting Party shall be represented in the Assembly by one delegate who may\n                                                   be assisted by alternate delegates, advisors and experts.\n\nc) The expenses of each delegation shall be borne by the Contracting Party that has appointed\n                                                   the delegation. The Assembly may ask WIPO to grant financial assistance to facilitate\n                                                   the participation of delegations of Contracting Parties that are regarded as developing\n                                                   countries in conformity with the established practice of the General Assembly of the\n                                                   United Nations or that are countries in transition to a market economy.\n\n2\n\na) The Assembly shall deal with matters concerning the maintenance and development of\n                                                   this Treaty and the application and operation of this Treaty.\n\nb) The Assembly shall perform the function allocated to it under Article 23(2) in respect of the admission of certain intergovernmental organizations to become\n                                                   party to this Treaty.\n\nc) The Assembly shall decide the convocation of any diplomatic conference for the revision\n                                                   of this Treaty and give the necessary instructions to the Director General of WIPO\n                                                   for the preparation of such diplomatic conference.\n\n3\n\na) Each Contracting Party that is a State shall have one vote and shall vote only in\n                                                   its own name.\n\nb) Any Contracting Party that is an intergovernmental organization may participate in\n                                                   the vote, in place of its Member States, with a number of votes equal to the number\n                                                   of its Member States which are party to this Treaty. No such intergovernmental organization\n                                                   shall participate in the vote if any one of its Member States exercises its right\n                                                   to vote and vice versa.\n\n4  The Assembly shall meet upon convocation by the Director General and, in the absence\n                                             of exceptional circumstances, during the same period and at the same place as the\n                                             General Assembly of WIPO.\n\n5 The Assembly shall endeavor to take its decisions by consensus and shall establish\n                                             its own rules of procedure, including the convocation of extraordinary sessions, the\n                                             requirements of a quorum and, subject to the provisions of this Treaty, the required\n                                             majority for various kinds of decisions.\n\n[Treedt in werking op een nader te bepalen tijdstip]\n\nThe International Bureau of WIPO shall perform the administrative tasks concerning\n                                       the Treaty.\n\n[Treedt in werking op een nader te bepalen tijdstip]\n\n1 Any Member State of WIPO may become party to this Treaty.\n\n2 The Assembly may decide to admit any intergovernmental organization to become party\n                                             to this Treaty which declares that it is competent in respect of, and has its own\n                                             legislation binding on all its Member States on, matters covered by this Treaty and\n                                             that it has been duly authorized, in accordance with its internal procedures, to become\n                                             party to this Treaty.\n\n3 The European Union, having made the declaration referred to in the preceding paragraph\n                                             in the Diplomatic Conference that has adopted this Treaty, may become party to this\n                                             Treaty.\n\n[Treedt in werking op een nader te bepalen tijdstip]\n\nSubject to any specific provisions to the contrary in this Treaty, each Contracting\n                                       Party shall enjoy all of the rights and assume all of the obligations under this Treaty.\n\n[Treedt in werking op een nader te bepalen tijdstip]\n\nThis Treaty shall be open for signature at the headquarters of WIPO by any eligible\n                                       party for one year after its adoption.\n\n[Treedt in werking op een nader te bepalen tijdstip]\n\nThis Treaty shall enter into force three months after 30 eligible parties referred\n                                       to in Article 23 have deposited their instruments of ratification or accession.\n\n[Treedt in werking op een nader te bepalen tijdstip]\n\nThis Treaty shall bind:\n\n(i) the 30 eligible parties referred to in Article 26, from the date on which this Treaty has entered into force;\n\n(ii) each other eligible party referred to in Article 23, from the expiration of three months from the date on which it has deposited its\n                                             instrument of ratification or accession with the Director General of WIPO.\n\n[Treedt in werking op een nader te bepalen tijdstip]\n\nThis Treaty may be denounced by any Contracting Party by notification addressed to\n                                       the Director General of WIPO. Any denunciation shall take effect one year from the\n                                       date on which the Director General of WIPO received the notification.\n\n[Treedt in werking op een nader te bepalen tijdstip]\n\n1 This Treaty is signed in a single original in English, Arabic, Chinese, French, Russian\n                                             and Spanish languages, the versions in all these languages being equally authentic.\n\n2 An official text in any language other than those referred to in paragraph (1) shall\n                                             be established by the Director General of WIPO on the request of an interested party,\n                                             after consultation with all the interested parties. For the purposes of this paragraph,\n                                             \u201cinterested party\u201d means any Member State of WIPO whose official language, or one\n                                             of whose official languages, is involved and the European Union, and any other intergovernmental\n                                             organization that may become party to this Treaty, if one of its official languages\n                                             is involved.\n\n[Treedt in werking op een nader te bepalen tijdstip]\n\nThe Director General of WIPO is the depositary of this Treaty."}