[A2k] Intervention by IMMF at the SCCR17 Geneva - A Treaty for Audio Visual Performances

[David Stopps]

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Intervention at the WIPO SCCR17 held in Geneva by
David Stopps on behalf of The International Music Managers Forum on
Wednesday 5  November 2008 concerning the rights of Audio-Visual
performances.

I would like to thank the Deputy Director General for the opportunity to
speak on this issue.

I've noticed quite a few new faces at this SCCR so for the benefit of those
who may not know who we are, I am speaking to you today on behalf of the
IMMF, the International Music Managers Forum. We represent featured artist
managers and through them, the interests of featured artists (both authors
and performers) who are the source of over 95% of the income in the global
music industry.

Mr Chairman, some view the failure of the diplomatic conference for an Audi=
o
Visual Performances Treaty in 2000 as a dark day for WIPO and I'm sure at
the time it must have seemed that way. There is an old English saying of
which I'm sure there are many equivalents in other languages that goes 'If
at first you don't succeed try try again'. We are therefore very encouraged
to see that the WIPO General Assembly has directed that the issue of rights
of protection for audio-visual performances remains on the agenda and that
several useful regional conferences have taken place concerning this
issue....but I ask you Mr Chairman...what is the real intention here?

Of course a cynical person might wonder if this is merely a face-saving
cosmetic exercise with no real chance of going anywhere? One particular
eminent copyright expert said to me recently that WIPO has become sterile
and ineffectual. Mr Chairman I challenge you to prove that particular exper=
t
wrong and I encourage member states to grasp the nettle and re-open
discussions for a full international treaty on audio-visual performers as
soon as possible.

One of the great successes of the WPPT was the right to equitable
remuneration for broadcast and public performance between audio performers
and phonogram producers. Of course the big disappointment was that the
United States which is by far the largest territory for music in the world
took a reservation on Article 15 which meant that performers and phonogram
producers in the USA were not granted this right for free to air radio.
However in the past year there has been considerable progress to establish
such a right and I congratulate the US delegation and urge them to continue
to support this process to establish this right which is already enjoyed by
performers in the vast majority of member states present here today.

Following the success of this audio only equitable remuneration right there
is a growing support from performers to get away from exclusive rights and
move to unwaivable and in some cases unassignable rights of remuneration or
to have exclusive rights that can only be managed by an independent
collective management organisation.

In many member states as soon a musical performer makes a video their
equitable remuneration rights disappear as the
sound recording ceases to be a sound recording but instead becomes part of
an audio-visual work. So even though they are now performing twice as much,
once in the audio recording and now as actors as well, their rights
disappear.

Mr Chairman this is clearly unacceptable. With the exponential media
advances taking place on-line, and the growing success of operations such a=
s
You Tube the need for audio-visual rights for performers is also growing
exponentially.

Following the success of the WPPT equitable remuneration right surely the
key to the way forward on the transfer of rights issue for audio-visual
performances is to move to ensure that audio-visual performers are
remunerated in exchange for the transfer of the exclusive rights. This coul=
d
be achieved by a combination of an exclusive right with a right to
remuneration.

Its time for WIPO and the WIPO member states to get off the fence and finis=
h
the process that was almost finished in 2000. Mr Chairman, isn't it time
WIPO had another party like the one following the negotiations for the WCT
and the WPPT?

We say it is.  The consultation period is over.

Let's stop procrastinating and lets start living the dream.

Thank you Mr Chairman.

The International Music Manager=B9s Forum represents featured artist music
managers and through them the featured artists (performers and creators)
themselves. These featured artists are those that are the source of over 95=
%
of the economic activity in the global music industry. Featured artist musi=
c
managers are uniquely placed to comment on music industry issues, as they
are the only group of professionals that deal with every aspect of the musi=
c
industry and the copyright system as it applies to music on a daily basis.
Music managers are responsible for every aspect of the artist=B9s career
including interfacing and negotiating with phonogram producers, music
publishers, making arrangements for touring, sponsorship, merchandising, an=
d
ensuring that all the available income streams, including those from
collection societies, are properly managed. Managers are generally
remunerated on a commission basis (usually in the region of 20% of income
actually received by the artist) so income streams affecting the artist als=
o
directly affect those of the manager. The International Music Managers Foru=
m
comprises 15 Music Managers Forums around the world including Australia,
Belgium, Canada, Denmark, Finland, France, Germany, The Netherlands, New
Zealand, Norway, Poland, South Africa, Sweden, United Kingdom and United
States.



David Stopps
Director of Copyright and Related Rights for the Music Managers Forum UK
Director of Copyright and Related Rights for the International Music
Managers Forum
www.immf.com

Managing Director
FML
33 Alexander Road, Aylesbury, Buckinghamshire HP20 2NR  England
t: +44 (0) 1296 434731  f: +44 (0) 1296 422530  m: +44 (0) 7899 870023  us
cell: (212) 729 1352
www.fmlmusic.com

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