WIPO Audiovisual Treaty: Managing IP’s guide to the Beijing diplomatic conference

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

WIPO Audiovisual Treaty: Managing IP’s guide to the Beijing diplomatic conference

Diplomats will gather in Beijing next week in the final push for a new international treaty on audiovisual performances. Managing IP explains what it could mean for copyright owners

What’s the treaty?

It’s WIPO’s proposed treaty on the protection of audiovisual performances.

What will it protect?

WIPO says that at the moment there is no international deal that protects rights holders and artists in audiovisual performances. These include films, TV programmes, music concerts recorded in DVDs and pop videos.

Agreement in Beijing would provide international standards for audiovisual performances for the first time, introducing them in many countries, and would complement the rights established by previous treaties, particularly the WIPO Performances and Phonograms Treaty (WPPT, 1996) which covered audio performances.

The 20 articles in the proposed treaty cover issues such as moral rights, economic rights and limitations and exceptions and provide for a minimum term of protection of 50 years.

It all sounds straightforward

Unfortunately not. Two previous attempts at a deal (in 1996 and 2000) failed. The main sticking point was a proposed article on the transfer of rights (Article 12 of the new proposed deal), clarifying who can claim royalties for the use of audiovisual works. This is an issue that member states have traditionally dealt with in their national laws in very different ways. In much of Europe, for example, rights have been enjoyed by the performers themselves. In the US, they are transferred to the producer of the work.

Some of the options on the table 12 years ago that led to the negotiations being abandoned struck at the heart of Hollywood’s financial model: film makers there say that producers need to be able to consolidate the rights to a work if they are to be able to secure funding for new films.

As a result, the US did not want the treaty to water down the work-made-for-hire doctrine, under which an employer rather than employee is considered the author of a work if it is made as part of the employee’s job.

Has the transfer issue been resolved?

On paper, yes. Some people might call it compromise, others might call it diplomatic fudging. The proposed new wording gives member states an opt-out: there is a presumption, rebuttable by a contract to the contrary, that rights will transfer to the producer of a work.

So why has WIPO convened a seven-day conference in Beijing? Surely the delegates just turn up and sign?

It’s not quite a done deal. Some people are nervous that the other 19 articles may be reopened at the Conference. This is a possibility that could be causing sleepless nights for WIPO officials as well as Chinese bureaucrats, who want their capital city to be added to the roll of international copyright treaties.

In particular, there may be more debate about the provisions dealing with technical protection measures and the protection given to extras and to improvised jazz performances.

There are also two competing proposals for a new clause in the preamble to the deal. One from Brazil (which has taken a very active role in discussions in the lead up to the Beijing conference) suggests: “Recalling the 45 recommendations adopted by WIPO Member States in the Development Agenda, particularly those under cluster B, regarding norm setting, flexibilities, public policy and the public domain.”

The other, put forward by the US, EU, Kenya, Mexico, Nigeria and Turkey, suggests: “Recalling the importance of the Development Agenda and its recommendations for norm-setting activities within WIPO’s mandate.”

The two phrases might sound similar, but politically they are very different and they go to the core of a clash between developed and developing countries about WIPO’s role. Proponents of the so-called development agenda, such as Brazil, are opposed to WIPO facilitating the imposition of developed-country IP standards on the rest of the world.

This clash could yet be played out in Beijing, hindering, or even preventing, a deal from being done.

You can read more about the background to the diplomatic conference in Managing IP’s April issue.

Managing IP will be reporting from the Diplomatic Conference in Beijing

more from across site and SHARED ros bottom lb

More from across our site

As the US reflects on 250 years of independence, patent lawyers say innovation is reshaping old hiring priorities, with firms seeking broader IP expertise over specialisation
The Nokia v Acer ruling in the UK suggests arbitration is moving from the sidelines towards the mainstream of global FRAND disputes - and could reshape forum strategy in the process
The Life Sciences Awards is thrilled to present the shortlist for the 2026 Americas Awards
From Türkiye to Poland and Nigeria, firms with deep local roots continue to dominate the top tier, proving that market expertise can outweigh international scale in many CEE, Middle Eastern and African jurisdictions
Former Hoyng Rokh partner Simon Dack takes a leading PMAC role as busy firms continue to jostle for position
Franck Fougere, founder and managing partner of Ananda IP in Thailand, describes how the firm has developed a reputation for patent work and why he believes IP practice is set to change
After two decades at Kass International, Geetha Kandiah discusses the lessons that shaped her career, building an inclusive regional firm, and AI opportunities
Manisha Singh of LexOrbis discusses the need for commercial alignment with clients and why IP lawyers need to have curiosity at their core
As firms expand into integrated IP services, recent hires show the model's appeal – but high-profile departures reveal how quickly questions of depth and durability can emerge
In-house counsel say private practice firms either aren’t conveying sustainability messaging or simply ‘don’t care’, but a mindful approach to the topic could swing pitches
Gift this article