International protection for performers
28/06/2011

Since 1997, South Africa was a signatory of the WIPO Performances and Phonograms Treaty (“WPPT”). The WPPT aims to address the challenges faced by performers in the digital environment of the 21st century, where information is disseminated over digital networks such as the internet and on the YOUTUBE video portal.
The WPPT allows performers to control and/or be compensated for the various ways in which their audio performances are disseminated, particularly through new technologies and communication systems. This treaty clarifies and updates the existing protection that is afforded to performers in terms of the copyright laws. The treaty also allows countries to establish limitations to the rights of performers, for example, where the use would be in the public interest.
The WPPT is unfortunately restricted to audio performances only, but in September 2011, it will be recommended to the General Assembly of WIPO (World Intellectual Property Organization) to resume a diplomatic conference on the protection of audio-visual performances. This could possibly lead to a new international treaty that would broaden the protection afforded to performers.
This is an interesting development because if the treaty materializes, performers in the audio-visual industry would also be protected in terms of a specific treaty which would entitle them to prevent unauthorized use of their performances in audio-visual media, such as television, film and video.
The purpose of the proposed treaty is to encourage countries to bring their existing copyright laws in line with the current digital environment. South Africa, unlike some other countries in Africa, currently has copyright laws that provide adequate protection.
Nishan Singh
Senior Associate
nishan-s@adamsadams.co.za