Topic 126 — Beijing Treaty and Marrakesh Treaty

Two recent WIPO treaties extend international copyright protection: the BEIJING TREATY ON AUDIOVISUAL PERFORMANCES (adopted 24 June 2012; effective 28 April 2020) addresses performers' rights in audiovisual fixations like films, motion pictures, TV programs, and recorded performances; the MARRAKESH TREATY TO FACILITATE ACCESS TO PUBLISHED WORKS FOR PERSONS WHO ARE BLIND, VISUALLY IMPAIRED OR OTHERWISE PRINT DISABLED (adopted 27 June 2013; effective 30 September 2016) creates the first international copyright treaty addressing access to works for visually impaired persons. The Beijing Treaty has 50+ contracting parties (as of 2024); the Marrakesh Treaty has 100+ contracting parties. India ratified the BEIJING TREATY in 2020 — recognising performers' rights in audiovisual industry. India ratified the MARRAKESH TREATY in 2014 — being among the first countries to ratify; significant for ~50 million visually impaired Indians. Both treaties extend the WPPT framework (1996) to specific areas. The Marrakesh Treaty is particularly significant for human rights and accessibility — establishing accessible format conversion exception. India's implementation: the Marrakesh framework integrated through Section 52(1)(zb) Copyright Act (special provisions for blind/visually impaired); Beijing framework through Sections 38, 38A, 38B Copyright Act (performers' rights). The 2023 Cinematograph (Amendment) Act + IT Rules 2021 + Mediation Act 2023 modernise India's broader framework. Recent cases — Anil Kapoor v. Simply Life (2023) personality rights — demonstrate operational vigour. This topic walks through both treaties, India's implementation, and emerging considerations.

1. Beijing Treaty on Audiovisual Performances

A. Foundational Framework

Adopted: 24 June 2012 in Beijing, China.
Effective: 28 April 2020 (after 30 ratifications).
Modernises performers' rights for audiovisual works.
Builds on WPPT 1996 framework.
50+ contracting parties (as of 2024).

B. Background and Need

WPPT 1996 originally focused on phonogram performers.
Audiovisual performers (film, TV) had limited international protection.
Beijing Treaty addresses this gap.
30 ratifications required for entry into force.
Took 8 years to enter force.

C. India's Membership

India ratified Beijing Treaty: 2020.
Significance for Bollywood and Indian audiovisual industry.
Major support for actors, musicians, performers.

2. Beijing Treaty — Substantive Provisions

A. Coverage

✅ Beijing Treaty Coverage

PROTECTED PERFORMERS: · Actors in audiovisual works. · Musicians/dancers/singers in audiovisual works. · Voice actors. · Stand-up comedians/lecturers. · Performance art performers. FIXED IN AUDIOVISUAL WORKS: · Motion pictures. · TV programs. · Streaming content. · Documentary films. · Concert recordings. · Educational videos. NOT COVERED: · Live performances (covered by WPPT). · Audio-only performances (covered by WPPT).

B. Performers' Rights

Right Type	Beijing Treaty Provision
Reproduction (Article 7)	Right to reproduce performance.
Distribution (Article 8)	Right to distribute fixed performance.
Rental (Article 9)	Right of commercial rental.
Making available (Article 10)	Right to make performance available online.
Broadcasting (Article 11)	Right to broadcasting (with remuneration).
Communication (Article 11)	Right to communication to public.
Moral rights (Article 5)	Right to be identified as performer; right against derogatory treatment.

C. Term of Protection

Article 14 — Term: minimum 50 years from end of year of fixation.
India: 60 years (Section 27 + 27A Copyright Act).

3. India's Beijing Treaty Implementation

A. Aligned Sections

Indian Provision	Beijing Treaty Equivalent
Section 38 — performers definition.	Article 2.
Section 38A — exclusive rights.	Articles 5-11.
Section 38B — moral rights.	Article 5.
Section 27 — term: 60 years.	Article 14.
Section 14 — communication to public.	Article 10.

B. Cinematograph (Amendment) Act 2023

Strengthened anti-piracy framework.
Anti-camcording prohibition.
Online piracy distribution targeted.
Coordination with Beijing Treaty performer rights.

C. Indian Cases

📖 Anil Kapoor v. Simply Life India, 2023 SCC OnLine Del 6914

Facts — Anil Kapoor sought protection against misuse of his name, image, likeness — including by generative AI.

Holding — Delhi HC: Personality rights protected; aligns with Beijing Treaty performer protection.

Significance — Modern personality rights case; implicates Beijing Treaty framework.

4. Marrakesh Treaty for Visually Impaired

A. Foundational Framework

Adopted: 27 June 2013 in Marrakesh, Morocco.
Effective: 30 September 2016 (after 20 ratifications).
First international copyright treaty for accessibility.
Builds on Berne Convention three-step test.
100+ contracting parties (as of 2024).

B. Background and Need

WHO estimates 253 million people with visual impairments globally.
Only small fraction of published works accessible.
Cross-border accessibility limited.
Treaty addresses access gap.

C. India's Membership

India ratified Marrakesh Treaty: 2014.
Among first countries to ratify.
Significant for ~50 million visually impaired Indians.
Strong human rights commitment.

5. Marrakesh Treaty — Substantive Provisions

A. Beneficiaries

✅ Marrakesh Treaty Beneficiaries

BENEFICIARY PERSONS: · Persons with visual impairment. · Persons with perceptual or reading disabilities. · Persons unable to hold/manipulate book due to physical disability. INCLUDES: · Blind persons. · Visually impaired persons. · Persons with cerebral palsy. · Persons with motor disabilities affecting reading. IMPORTANT POINT: · "Print disabilities" broader than just visual. · Includes persons unable to read normal print. · Operational definition.

B. Authorized Entities

Organizations recognized by government to provide accessible formats.
Schools, libraries, special-purpose organizations.
Indian: Indian National Centre for the Blind, accessible book organizations.
Cross-border exchange permitted.

C. Permitted Activities

Activity	Marrakesh Treaty Provision
Reproduction in accessible format	Article 4.
Distribution to beneficiaries	Article 4 + 5.
Cross-border exchange	Article 5.
Making available in accessible format	Article 4.
Translation if necessary	Article 4.

6. India's Marrakesh Treaty Implementation

A. Section 52(1)(zb) Copyright Act

Section 52(1)(zb) Copyright Act 1957

"(zb) the adaptation, reproduction, issue of copies or communication to the public of any work in any accessible format, by— (i) any person to facilitate persons with disability to access to works including sharing with any person with disability of such accessible format for private or personal use, educational purpose or research; or (ii) any organisation working for the benefit of the persons with disabilities in case the normal format prevents the persons with disability from accessing the work, Subject to the conditions that the copies of the works in such accessible format— (a) are made available to the persons with disabilities on a non-profit basis but to recover only the cost of production; (b) the organisation shall ensure that the copies of works in such accessible format are used only by persons with disabilities and takes reasonable steps to prevent its entry into ordinary channels of business..."

B. Indian Implementation Framework

Section 52(1)(zb) Copyright Act — accessible format exception.
Persons with disabilities (broader than visual).
Authorized entities — non-profit basis.
Cross-border exchange permitted.
Aligns with Marrakesh framework.

C. Indian Implementation Status

Indian National Centre for the Blind — major authorized entity.
Daisy Forum of India — accessibility advocacy.
National Library Service for Blind — accessible book service.
Government implementation through National Trust.

7. Cross-Border Marrakesh Implementation

A. Marrakesh Cross-Border Exchange

Authorized entity in one country can exchange with authorized entity in another.
Direct beneficiary cross-border access.
Eliminates regional accessibility limitations.
Significant for global accessible content access.

B. India's Cross-Border Engagement

Indian authorized entities can exchange with global counterparts.
Beneficial for Indian visually impaired persons.
Indian content shared with global accessible book organizations.
Strong international cooperation framework.

8. Comparison — Beijing vs Marrakesh

Aspect	Beijing Treaty	Marrakesh Treaty
Subject	Performers' rights in audiovisual works.	Accessible format for visually impaired.
Adoption	24 June 2012.	27 June 2013.
Entry into Force	28 April 2020.	30 September 2016.
Members	50+ (2024).	100+ (2024).
India	Member 2020.	Member 2014 (early).
Builds on	WPPT 1996.	Berne Convention three-step test.
Aligned Indian Provision	Section 38, 38A, 38B Copyright Act.	Section 52(1)(zb) Copyright Act.
Significance	Audiovisual performers' rights.	First accessibility copyright treaty.

9. Strategic Considerations

✅ For Indian audiovisual industry — six points

For Bollywood productions, leverage Beijing Treaty performer protections.

For international cooperation, integrate Beijing framework.

For piracy enforcement, leverage Cinematograph 2023 + Beijing.

For Bollywood-international collaborations, ensure Beijing alignment.

For streaming services, ensure performer rights handling.

For AI personality rights (e.g., Anil Kapoor 2023), leverage Beijing framework.

✅ For accessibility stakeholders — six points

For Indian visually impaired persons, ensure access to materials.

For authorized entities, register and maintain compliance.

For cross-border exchange, leverage Marrakesh framework.

For schools and libraries, integrate accessible content.

For publishers, support accessible format development.

For accessibility content, leverage cross-border exchange.

10. Memory Aid — Quick Recall

✅ Quick Recall — Beijing and Marrakesh Treaties

Beijing Treaty on Audiovisual Performances — adopted 24 June 2012; effective 28 April 2020.

50+ contracting parties (2024).

India ratified 2020.

Beijing covers actors, musicians, voice artists in audiovisual works.

Beijing aligned with Sections 38, 38A, 38B Copyright Act.

Term: 50 years (India 60 years).

Marrakesh Treaty — adopted 27 June 2013; effective 30 September 2016.

100+ contracting parties (2024).

India ratified 2014 (among first).

Marrakesh: accessible format for visually impaired/print disabled.

Marrakesh aligned with Section 52(1)(zb) Copyright Act.

Cross-border exchange permitted.

WHO estimates 253 million visually impaired globally.

Indian authorized entities: National Centre for Blind, Daisy Forum.

🎯 EXAM POINTERS — TOPIC 126

Beijing Treaty on Audiovisual Performances — adopted 24 June 2012 in Beijing.
Beijing Treaty effective 28 April 2020 (after 30 ratifications).
50+ contracting parties (2024).
India ratified Beijing Treaty in 2020.
Beijing covers performers in audiovisual works (films, TV, motion pictures, recorded).
Beijing builds on WPPT 1996 framework.
Beijing Article 5 — moral rights of performers.
Beijing Articles 7-11 — economic rights of performers.
Beijing Article 14 — term: 50 years from fixation.
India aligned through Sections 38, 38A, 38B Copyright Act.
India term: 60 years (Section 27).
Marrakesh Treaty — adopted 27 June 2013 in Marrakesh, Morocco.
Marrakesh effective 30 September 2016 (after 20 ratifications).
100+ contracting parties (2024).
India ratified Marrakesh in 2014 — among first countries.
Marrakesh: accessible format for visually impaired and print disabled.
Marrakesh Article 4 — accessible format reproduction.
Marrakesh Article 5 — cross-border exchange.
India aligned through Section 52(1)(zb) Copyright Act.
WHO estimates 253 million visually impaired globally.
Indian authorized entities: National Centre for Blind, Daisy Forum.
Cross-border accessibility framework operational.
Recent: Anil Kapoor v. Simply Life (2023) — personality rights aligned with Beijing framework.