Canadian groups preparing for WIPO meeting on audio-visual treaty

The Alliance of Canadian Cinema, Television and Radio Artists (ACTRA) and the Canadian Media Production Association (CMPA) are preparing for an upcoming World Intellectual Property Organization (WIPO) meeting in Geneva next month to discuss an audiovisual treaty. In 1996, WIPO began work on a possible treaty for the protection of audiovisual performances after having concluded talks on the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty. “The protection of performers in audiovisual media has not yet been effectively established at an international level,” WIPO says on its website. “This lack of protection not only affects actors in different media such as film and television but also musicians in such situations as when rock performance is recorded in a DVD.” In December 2000, WIPO member states gathered for a diplomatic conference to discuss the new draft treaty, establishing a provisional agreement on an article concerning the transfer of performers’ rights to producers. But members were unable to adopt a treaty. If passed, the treaty would establish the first set of rights for audiovisual performances, which would include moral rights, a right to remuneration, and how monies will be transferred between countries. On July 29, the WIPO secretariat wrote to member states calling for written proposals to address the outstanding issues of the draft Protection of Audiovisual Performances Treaty. The deadline for submissions was Sept. 15. In an Oct. 6 email statement to The Wire Report, the Department of Canadian Heritage confirmed it did not make a submission. But the department sought comments from industry on the treaty. On Aug. 23, Canadian Heritage sent a letter to industry stakeholders asking for feedback prior to a WIPO consultation meeting for member states scheduled on Oct. 4 and 5 in Geneva. According to WIPO’s website, the meeting has been postponed until further notice. The treaty is now scheduled for discussion at the WIPO meeting of the Standing Committee on Copyright and Related Rights on Nov. 8 to 12 in Geneva. Anne Trueman, CMPA director of communications and media, said in an email that the organization is preparing a meeting to discuss its position on the treaty, and will “almost certainly” attend the WIPO meeting in November. ACTRA national executive director Stephen Waddell said in an interview that the group will attend the meeting along with other international organizations, including the American Screen Actors Guild, the American Federation of Television and Radio Artists, and British trade union Equity. Waddell said Canada tends to take a cautious approach to the treaty. “Canada has tended, irrespective of which government is in power, to wait and see on these issues, since the U.S. and the EU have a huge stake, and they’re critical in terms of moving the treaty forward,” he said. “Canada has taken a wait-and-see attitude and has kept fairly quiet on WIPO reform.” But Waddell said ACTRA hopes the government will support the treaty. ACTRA has been actively seeking the establishment of an audiovisual treaty through its affiliate group, the International Federation of Actors. “It’s a bit silly to have a treaty for audio recordings and not one for audiovisual,” Waddell said. Waddell said the treaty, in development for the last 14 years, has been held back by a single article dealing with “national treatment.” National treatment deals with how to treat foreign and domestic rights holders equally—such as whether the money collected from broadcasting American shows in Canada should be redirected to American performers. During negotiations, the United States proposed that no country should collect remuneration on foreign works unless remuneration was made to other countries, but the proposal failed to find consensus. “That’s what hung up the treaty over the past 10 years,” Waddell said. “But there has been a potential compromise reached, and an offer has been made by the Motion Picture Association of America (MPAA), together with the U.S. guilds of unions.” Waddell said ACTRA supports the U.S.’s proposed compromise—but didn’t elaborate. The compromise could still be under negotiation and therefore not public. In another contentious part of the treaty, many countries were also not prepared to recognize a “work for hire” doctrine under which performers rights are automatically transferred to producers or employers unless there is an agreement to the contrary. “We’re really just pushing the boulder up the hill and we know that we have to continue to be there, and continue to demonstrate to the WIPO committee that we have a commitment to this treaty, but whether this is going to be done in the next six months to a year, we’re hopeful. But it’s been 15 years so far,” Waddell said. Canadian Heritage told The Wire Report in an email statement Monday that it will hold a formal consultation meeting with stakeholders in preparation for the WIPO meeting next month. The Writers Guild of Canada, the Canadian Recording Industry Association, the Society of Composers, Authors and Music Publishers of Canada and the Canadian Council of Music Industry Associations told The Wire Report they were not approached by Canadian Heritage for feedback. kfournier@thewirereport.ca

Canadian groups preparing for WIPO meeting on audio-visual treaty

Broadcast | October 18, 2010

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