By Fatou Krubally
Gambian artists and performers are set to benefit from stronger intellectual property protection after the National Assembly unanimously ratified the Beijing Treaty on Audiovisual Performances on Monday.
The treaty, adopted in 2012, provides legal protection for performers whose work is incorporated into audiovisual productions, including films, television programmes and other recorded works.
It grants performers economic and moral rights over their performances, including rights relating to reproduction, distribution, commercial rental and making performances available to the public.
Moving the motion for ratification, Attorney General and Minister for Justice Dawda A. Jallow said the treaty would strengthen protection for actors, musicians, dancers and other performers whose work forms part of audiovisual productions.
He said ratification would provide a modern international framework for safeguarding the economic and moral interests of performers while supporting the growth of the country’s creative industries.
Several lawmakers welcomed the treaty, highlighting the challenges faced by Gambian artists whose music, performances and other creative works are reproduced or distributed without proper compensation.
They also stressed the importance of stronger protection in the digital age, where creative works can be easily copied, shared and accessed across borders through the internet and social media.
Some lawmakers, however, raised questions about the compatibility of the treaty with existing Gambian copyright legislation and its enforcement, particularly in relation to young and independent creators.
Responding, Jallow said Article 12 of the treaty leaves certain matters to national legislation.
He said the government was currently updating the Intellectual Property Act and working towards consolidating intellectual property legislation into a single comprehensive law.
The Attorney General explained that the domestic legal framework would determine how the treaty’s provisions are applied, including issues concerning the transfer of rights and contractual arrangements between performers and producers.
The treaty also recognises moral rights, including performers’ right to be identified in connection with their performances and to object to certain distortions or modifications that could harm their reputation.
The ratification marks a significant step towards strengthening legal protection for Gambian performers whose work is incorporated into audiovisual productions and ensuring greater recognition of their economic and moral rights.