Cinema and audiovisual media

A Survey on National Cinematography
Questions and answers
International issues

The first question concerned the legal basis for cinema activities in each country, including adhesion to international treaties concerning copyright protection and trade of cultural goods. Specifically:

Has your country ratified international or regional agreements concerning copyright protection and free circulation of cultural goods? For instance:

The Florence Agreement on the Importation of Educational, Scientific and Cultural Materials (1950; circulation of cultural goods)

Universal Copyright Convention (Geneva, 1952), revised in Paris, 1971

International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations (Rome, 1961)

Convention for the Protection of Producers of Phonograms against Unauthorized Duplication of their Phonograms (Geneva, 1971)

The Bern Convention for the Protection of Literary and Artistic Works (1979)

The Nairobi Protocol (1976) to the Florence Agreement

Most Western and African countries answered positively to these questions which are cohesive with the official listings of signatory parties, especially in the case of the Florence Agreement – which facilitates the importation of cultural goods to which ninety-four countries are parties. However, Asian countries show a low participation to these conventions and agreements.

The correspondents also mentioned regional treaties including trade aspects for cultural goods and services, e.g. NAFTA/ALENA for Northern American countries and MERCOSUR in the Southern American continent. The former Soviet Union satellite countries still mention the treaties signed in the context of the COMECON Community, and several correspondents in Western Europe mentioned European Union (compulsive) directives.

The following countries have adhered to all the above-mentioned treaties: Bahrain, Canada, Czech Republic, France, Kenya and Luxembourg.

The questionnaire mentioned only the traditional treaties. However, in 1996 the World Intellectual Property Organization (WIPO) proposed two new texts, the Treaty on the Interpretation and Execution of Phonograms and the Treaty on Copyright. These are known as the Internet Treaties, and in the process of being ratified. In addition, the Millennium Round trade negotiations led by the World Trade Organization (WTO, former GATT), after a difficult start, will include negotiations on the exchange of cultural goods in the years to come. At stake are concepts like the very existence of a national cinematography and fair protection for authors in harmony with free public access for which governments are committed to assume responsibility.

Last update 02/10/01