The 1961 Rome Convention granted performers in audiovisual works such as feature films, videos and television dramas rights against unauthorised broadcasts or recordings of their performances. Under the Convention, and in contrast to performers in sound-only recordings (CDs, MP3 files etc.), once performers in audiovisual works have consented to the initial recording of their performance they do not have any rights over its use. However, a number of countries do have domestic legislation that grants certain rights to performers in audiovisual works, including the right to be paid when these works are copied, distributed or broadcast.
“The Supreme Court considers that the participants in the reality TV program had no role to play and that there was no text. They were simply asked to be themselves and express their reactions to the situations they faced. The artificial nature of these situations was not enough to give them the quality of actors.”…
11 years have passed since the last attempt of WIPO to promote an Audiovisual Performance Treaty which would bring the performer’s protection to meet the challenges of the digital era. The path to the adoption of such a Treaty seems to be prima facie open after the WIPO’s General Assembly Decision of 30th of September…
