Brendan Howlin (Wexford, Labour)
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58. To ask the Minister for Jobs, Enterprise and Innovation the reason for the delay in ratifying the Beijing Treaty which would provide economic rights in respect of intellectual property rights of persons in audiovisual performances; when the Treaty will be ratified; and if she will make a statement on the matter. [51414/17]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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The World Intellectual Property Organisation’s (WIPO) Beijing Treaty on Audiovisual Performances was adopted by the Diplomatic Conference on the Protection of Audiovisual Performances, which took place in Beijing from June 20 to 26, 2012.  The objective of the Treaty is to establish rules ensuring the adequate protection and remuneration of actors and allowing their performances to be made available, whether they are distributed on physical media (such as DVDs) or on the internet.

The Treaty will enter into force three months after 30 eligible parties have deposited their instruments of ratification or accession in WIPO.  To date, 19 WIPO member states have ratified the Treaty.  Ratification of the Treaty requires contracting parties to adopt national law provisions that permit the reproduction, distribution, rental and making available of recorded audiovisual performances; broadcasting, making available and fixation of live performances; as well as certain moral rights in relation to performances.

The text of the Treaty can be found on the WIPO website at the following link: .

Ireland recognises the importance of the Beijing Treaty in strengthening the economic rights of performers in audiovisual recordings, granting moral rights to prevent lack of attribution or distortion of their performances, and in providing performers with protection in the digital environment.  Ireland signed the Beijing Treaty on 19th June 2013 but has not ratified the Treaty itself, in line with normal protocol which requires Government approval for the ratification of international Treaties. 

I would like to take the opportunity to highlight that, as it currently stands, Ireland’s existing legislation does provide for protection of a range of rights in relation to performances, and that the term of protection of those rights is 50 years for all performances created before 1st November 2013, and 70 years for all performances created since that date.  This is a greater term of protection than is required to comply with the Treaty, which is “at least 50 years”.

My Department has been working on a number of important negotiations and amendments to Irish legislation to strengthen the protections of copyright and related rights in Ireland in recent years, many of which are expected to make a positive impact on the protection for audiovisual performances.  Specifically in relation to the Beijing Treaty, my intention is to bring a Memo to Government in due course once analysis of the final adopted text of the Treaty and of the relevant Irish law is complete.