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The Beijing Treaty on Audiovisual Performances (BTAP, hereinafter the “Treaty”) came into force on 28 April 2020 in the first thirty contracting parties (the minimum number required). It was a historic milestone in the area of rightsrelated to copyright. Audiovisual globalisation. Key aspects of the Beijing treaty.
Right to communicate the work to the public. In addition to the above, Section 57 of the Act stipulates “author’s moralrights,” grants the owner of a copyright the power to exercise moral authority over the work. 1] 1995 (1) ARBLR 555 Delhi. [2] 3] Wijayanto, Xenia & Nurhajati, Lestari.
According to article 1(1): intellectual creators, by creating the work, acquire intellectual property over it, which includes, as exclusive and absolute rights, the right to exploit the work (property right) and the right to protect the personal link to it (moralright). 5) Supreme Court 484/2020. (6)
The protection of moralrights, including the rights of publication, authorship, alteration, and integrity, is perpetual. The term of protection in China is the life of the author plus 50 years for individual authors or 50 years from the first publication of the work for legal entities, unless otherwise provided.
This first part covers the definition of a work, authorship and moralrights. Parts 2 to 4 will address exploitation rights, relatedrights, exceptions and limitations, copyright contract law and enforcement. The decision practice of the BGH in 2020 will be described separately in a later article.
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