Treaty on the International Registration of Audiovisual Works

(Film Register Treaty)
Done at Geneva, on April 20, 19891

CONTENTS

Preamble

CHAPTER I: SUBSTANTIVE PROVISIONS

Article 1: Establishment of the Union

Article 2: “Audiovisual Work”

Article 3: The International Register

Article 4: Legal Effect of the International Register

CHAPTER II: ADMINISTRATIVE PROVISIONS

Article 5: Assembly

Article 6: International Bureau

Article 7: Finances

Article 8: Regulations

CHAPTER III: REVISION AND AMENDMENT

Article 9: Revision of the Treaty

Article 10: Amendment of Certain Provisions of the Treaty

CHAPTER IV: FINAL PROVISIONS

Article 11: Becoming Party to the Treaty

Article 12: Entry Into Force of the Treaty

Article 13: Reservations to the Treaty

Article 14: Denunciation of the Treaty

Article 15: Signature and Languages of the Treaty

Article 16: Depositary Functions

Article 17: Notifications
 

The Contracting States

Desirous to increase the legal security in transactions relating to audiovisual works and thereby

to enhance the creation of audiovisual works and the international flow of such works and

to contribute to the fight against piracy of audiovisual works and contributions contained therein;

Have agreed as follows:

 

CHAPTER I
SUBSTANTIVE PROVISIONS

 

Article 1
Establishment of the Union

 

The States party to this Treaty (hereinafter called “the Contracting States”) constitute a Union for the international registration of audiovisual works (hereinafter referred to as “the Union”).

 

Article 2
“Audiovisual Work”

 

For the purposes of this Treaty, “audiovisual work” means any work that consists of a series of fixed related images, with or without accompanying sound, susceptible of being made visible and, where accompanied by sound, susceptible of being made audible.

 

Article 3
The International Register

 

(1) [Establishment of the International Register] The International Register of Audiovisual Works (hereinafter referred to as “the International Register”) is hereby established for the purpose of the registration of statements concerning audiovisual works and rights in such works, including, in particular, rights relating to their exploitation.

(2) [Setting up and Administration of the International Registry] The International Registry of Audiovisual Works (hereinafter referred to as “the International Registry”) is hereby set up for the purpose of keeping the International Register. It is an administrative unit of the International Bureau of the World Intellectual Property Organization (hereinafter referred to as “the International Bureau” and “the Organization,” respectively).

(3) [Location of the International Registry] The International Registry shall be located in Austria as long as a treaty to that effect between the Republic of Austria and the Organization is in force. Otherwise, it shall be located in Geneva.

(4) [Applications] The registration of any statement in the International Register shall be based on an application filed to this effect, with the prescribed contents, in the prescribed form and subject to the payment of the prescribed fee, by a natural person or legal entity entitled to file an application.

(5) [Eligibility for Being an Applicant]

(a) Subject to subparagraph (b), the following shall be entitled to file an application:

(i) any natural person who is a national of, is domiciled in, has his habitual residence in, or has a real and effective industrial or commercial establishment in, a Contracting State;

(ii) any legal entity which is organized under the laws of, or has a real and effective industrial or commercial establishment in, a Contracting State.

(b) If the application concerns a registration already effected, it may also be filed by a natural person or legal entity not satisfying the conditions referred to in subparagraph (a)

 

Article 4
Legal Effect of the International Register

 

(1) [Legal Effect] Each Contracting State undertakes to recognize that a statement recorded in the International Register shall be considered as true until the contrary is proved, except

(i) where the statement cannot be valid under the copyright law, or any other law concerning intellectual property rights in audiovisual works, of that State, or

(ii) where the statement is contradicted by another statement recorded in the International Register.

(2) [Safeguard of Intellectual Property Laws and Treaties] No provision of this Treaty shall be interpreted as affecting the copyright law, or any other law concerning intellectual property rights in audiovisual works, of any Contracting State or, if that State is party to the Berne Convention for the Protection of Literary and Artistic Works or any other treaty concerning intellectual property rights in audiovisual works, the rights and obligations of the said State under the said Convention or treaty.