Divina Gracia E. Pedron | Angel Rae N. Balbin
The Intellectual Property Office of the Philippines (IPOPHL) issued Memorandum Circular No. 2026-006 on 13 February 2026, promulgating the Philippine Regulations Implementing the Beijing Treaty on Audiovisual Performances (BTAP), also known as the Philippine BTAP Regulations (“Regulations”). The Regulations shall take effect fifteen (15) days after publication, or on 21 March 2026.
Coverage
The Regulations apply to audiovisual performers, including actors, singers, musicians, dancers, and other individuals who perform literary or artistic works or expressions of folklore that are fixed in audiovisual recordings. It shall not cover performances of “extras”, or those who assume neither a leading, secondary, or supporting role in audiovisual works. The Regulations also exclude from its coverage performances made by machines and non-humans, and those that were fixed in audiovisual recordings before 01 January 1970, or more than 50 years from when BTAP was entered into force.
The protections granted by the Regulations benefit performers who are nationals or habitual residents of the Philippines and other contracting parties to the BTAP. With respect to Filipino audiovisual performers, the Regulations provide for the protection of their economic and moral rights in respect of their performances in foreign jurisdictions.
Moral and Economic Rights of Audiovisual Performers
The Regulations grant performers the moral right of attribution, or the right to be identified or to not be identified as the performer, except where omission is dictated by the manner of the use of the performance. Performers also enjoy the right of integrity, or the right to object to distortions, mutilations, or other modifications of their performances that would be prejudicial to their reputation, taking into account the nature of audiovisual fixations.
In addition to moral rights, the Regulations recognize several economic rights of audiovisual performers. For live performances, performers are given the right to authorize their broadcasting and communication to the public, as well as to authorize their audiovisual fixation. As to audiovisual works, the rights covered are the reproduction, distribution, rental, making available, and broadcasting and communication of audiovisual performances to the public. Notably, the inclusion of the “making available” right is particularly relevant in the context of digital platforms, as it covers wire or wireless distribution of the audiovisual performances to the public.
Remuneration to Audiovisual Performers
The Regulations further grants audiovisual performers with renumeration rights independent of the transfer of their exclusive rights. Thus, for every communication to the public, making available, or broadcast of their performance, performers are entitled to receive equitable remuneration regardless of the transfer of their rights. The liability to pay such additional remuneration shall rest on the user of the audiovisual performance, i.e., the person or entity that communicates the audiovisual work to the public for a fee or to generate income.
Application
By clarifying the rights of performers and the transfer of those rights in audiovisual productions, the Regulations support the continued development of the Philippine audiovisual industry while strengthening the protection afforded to performers.
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