World intellectual property organization



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WIPO




E

AVP/IM/03/3A

ORIGINAL: English

DATE: April 8, 2003


WORLD INTELLECTUAL PROPERTY ORGANIZATION

GENEVA

AD HOC INFORMAL MEETING ON THE PROTECTION OF
AUDIOVISUAL PERFORMANCES
Geneva, November 6 and 7, 2003

Study on audiovisual performers’ contracts and remuneration practices in mexico, the united kingdom and the united states of america

prepared by Ms. Katherine M. Sand
Consultant
Former General Secretary of the International Federation of Actors (FIA)
United States of America



CONTENTS



Page
INTRODUCTION 2
I. AUDIOVISUAL PERFORMERS’ CONTRACTS AND REMUNERATION
IN THE UNITED KINGDOM (UK) 3
Summary of the system 3
A. STATUTORY RIGHTS 3
(a) Coverage of the Rights of Performers under National Law:
The Copyright, Designs and Patents Act, 1968 3

(b) Beneficiaries of Protection 4

(c) The Requirement to Obtain a Performers’ Consent 5

(d) The Scope of the Rights 5

(e) Duration of Performers’ rights 7

(f) Exceptions and Limitations 7

(g) New Rights 7
B. MANAGEMENT OF THE RIGHTS OF PERFORMERS IN CONTRACTS
AND COLLECTIVE BARGAINING AGREEMENTS 8
(a) The Legal Status of Performers’ Collective Bargaining 8


  1. How British Performers and Producers Work Together to Manage
    Rights Through Collective Bargaining 8

  2. The Parties Involved in Collective Bargaining 9

  3. The role of Agents in Negotiating Individual Contracts 10

  4. Beneficiaries of the Collective Agreements 10

  5. Payments for Various Uses and the Interaction Between Collective
    Agreements, Individual Contracts and Performers’ Statutory Rights 11

  6. Examples of Collective Agreements in Audiovisual Production 11

  7. Consent and Copyright Clauses 12

  8. Payment Structures and Systems in Audiovisual Collective Bargaining
    Agreements 13

  9. Miscellaneous other Rights: How Are They Treated 20

C. THE COLLECTIVE EXERCISE AND MANAGEMENT OF AUDIOVISUAL PERFORMERS’ RIGHTS IN THE UK 21




  1. AUDIOVISUAL PERFORMERS’ CONTRACTS AND REMUNERATION
    IN THE UNITED STATES OF AMERICA (USA) 22


Summary of the system 22


  1. STATUTORY RIGHTS 23

B. THE COLLECTIVE BARGAINING SYSTEM 24


(a) A Brief Background to the Development of Performers’ Protection
through Collective Bargaining in the US 24

(b) The Collective Bargaining System and How it Relates to


Individual Contracts 25

  1. Beneficiaries of Protection under Collective Agreements–Do Performers
    Have to Be Union Members? 25

  2. Are Extras Considered to be Performers? 26

  3. Can Foreign Performers Benefit from US Union Agreements? 27

  4. The Jurisdiction of US Union Agreements 27

  5. The Parties Involved in Collective Bargaining 27

  6. Talent Agents 29

  7. Other Performers’ Unions 29

  8. Areas in which Collective Bargaining Agreements and Standard Rates
    for Performers in Audiovisual Exist 29

  9. Rights Conveyed by Performers to Producers 30

  10. Performers’ Compensation: Payments for Secondary Uses via the
    Residuals System 30

  11. How Residuals are Distributed: An Example of Residuals Distribution
    Formula (Screen Actors’ Guild Basic Agreement) 31

  12. Assumption and Security Agreements: How the Unions Protect Ongoing
    Payments through Collective Bargaining 32

  13. The Duration of Collective Bargaining Agreements 32

  14. New Forms of Exploitation 32

  15. Non-Economic Rights 33

  16. Examples of Collective Agreements in Audiovisual Production 33




  1. MANAGEMENT OF THE RIGHTS OF PERFORMERS THROUGHT
    INDIVIDUAL CONTRACTS 41

(a) Overview 41

(b) How Rights are Dealt with in Individual Contracts 41
D. PUBLISHED FIGURES 43


  1. AUDIVISUAL PERFORMERS’ CONTRACTS AND REMUNERATION
    IN MEXICO 44


Summary of the system 44


  1. STATUTORY RIGHTS 44

(a) Coverage of the Rights of Authors and Performers under the Mexican


Federal Copyright Act 44

  1. Definitions Relating to Bringing a Work to the Public 44

  2. Authors’ Rights Relative to Ownership of Audiovisual Works
    by Producers 45

  3. General Provisions: Contractual Provisions Relating to Audiovisual
    Works 46

  4. Specific Provisions Relating to Contracts for Different Kinds of
    Audiovisual Works 47

  5. Performers’ Rights 48

  6. Definition of a Performer 49

  7. Economic Rights Given to Performers and their Transfer 49

  8. Limitations on the Transfer of Performers’ Rights 50

  9. Registration of Performers’ Contracts 50

  10. Non-Economic Rights Given to Performers 50

  11. Duration of Performers’ Rights 51

  12. Beneficiaries of Protection 51

B. REGULATION OF THE FEDERAL AUTHORS’ RIGHTS LAW 51


(a) Definition of Royalties and the Entitlement of Right-Holders to
Secondary Use Payments 51

(b) Performers’ Remuneration: Communication to the Public of Audiovisual


Works 52

(c) New Amendments to the Federal Copyright Law 53


C. PERFORMERS’ TRADE UNIONS IN MEXICO 53
(a) How the Unions Operate 53

(b) Collective Agreements and Individual Contracts for Audiovisual


Production 54

(c) Contracts, Collective Agreements and Television Repeat Fees 54


D. COLLECTIVE ADMINISTRATION OF PERFORMERS’ RIGHTS 55
(a) Asociación Nacional de Intérpretes (ANDI):
a Performers’ Collecting Society 55

(b) The Legal Basis for the Collective Administration of Rights in Mexico 55

(c) Aims and Responsibilities of Collecting Societies 56

(d) ANDI’s Administrative Structures and Requirements 57

(e) How Performers Join ANDI 57

(f) The Social Role of ANDI 57

(g) Rights and Fees Negotiated and Collected by ANDI 58

(h) Commercials 58

(i) Multimedia and Internet Use 59


Directory: edocs -> mdocs -> copyright
copyright -> E sccr/30/5 original: English date: June 2, 2015 Standing Committee on Copyright and Related Rights Thirtieth Session Geneva, June 29 to July 3, 2015
mdocs -> E cdip/9/2 original: english date: March 19, 2012 Committee on Development and Intellectual Property (cdip) Ninth Session Geneva, May 7 to 11, 2012
mdocs -> E wipo-itu/wai/GE/10/inf. 1 Original: English date
mdocs -> Clim/CE/25/2 annex ix/annexe IX
copyright -> E sccr/20/2 Rev Original: English date : May 10, 2010 Standing Committee on Copyright and Related Rights Twentieth Session Geneva, June 21 to 24, 2010
copyright -> E sccr/30/2 original: english date: april 30, 2015 Standing Committee on Copyright and Related Rights Thirtieth Session Geneva, June 29 to July 3, 2015
copyright -> Original: English/francais
copyright -> E sccr/33/7 original: english date: february 1, 2017 Standing Committee on Copyright and Related Rights Thirty-third Session Geneva, November 14 to 18, 2016
copyright -> E workshop
copyright -> World intellectual property organization

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