Copyright Laws in Mexico

Copyright protection and the copyright legal system in Mexico derives from Article 28 of Mexico’s Federal Constitution.

Article 28: “Federal Government, and to the privileges which for a specified time are granted to authors and artists for the reproduction of their works, and to those which, for the exclusive use of their inventions, may be granted to inventors and those who perfect some improvement.”

The Federal Copyright Law is the main statutory law governing copyright in Mexico. It affords copyright protection, constitutes the Public Copyright Registry and determines the causes of infringement against the copyright.

Section 26 of the Federal Criminal Code contains a list of conduct to be considered as crimes against copyright and establishes the penalties for offenders.

Obtaining a Copyright

  • The copyright of a work is acquired in Mexico by fixing and original creation in any material able to register it. From that point onwards, the author has the moral and patrimonial rights. The registration of a copyright work is still always recommended.
  • Failing to display a copyright notice could result in fines, if notices are not properly affixed onto copies of distributed works.

Copyright Protections

  • Mexican Copyright Law (MCL) considers protection for all creations that are individual, completed, unitary or to represent something. Copyright provides both personal rights and economic rights. Ideas alone are not protected by copyright laws. Works are protected from the moment they are created.
  • In Mexico, foreign authors have the same rights and protections as Mexican nationals. Mexico is a member of the World Intellectual Property Organization (WIPO) and the Berne Convention. Additionally, Mexico is subject to international copyright rules. 
  • The registration of a work is not necessary for copyright protection to be given. Registering your work is useful in preparing evidence of the existence of the work and gives the work a higher status in Mexican society, but it does not necessarily add protection.

Copyrightable Works

  • literary works
  • radio and television programs
  • musical works (lyrics and notes)
  • photographic works
  • dramatic works
  • dances
  • works of drawing and works of applied art, including graphic or textile design
  • sculptures and works of plastic nature
  • architectural works
  • cinematographic and other audiovisual works
  • software

Works considered literary or artistic are included in these categories of content.

Exclusions

  • The works unprotected by the Mexican Copyright Law:
  • news content
  • commercial exploitation of overall ideas embodied in works
  • names/titles or isolated phrases
  • ideas, solutions, concepts, methods, formulas, systems, principles, discoveries, processes and any types of inventions
  • layouts or blank forms for any kind of information, related instructions
  • information used every day (such as proverbs, sayings, legends, facts, calendars and scales of measurement)
  • letters, digits or colors in isolation, except where they are stylized to an extent that they become original designs

Fair Use of Work

  • There are exceptions that may apply to the exclusive right of the authors or the copyright owner to use, reproduce, distribute, communicate and exploit their own works. Article 148 of the Federal Copyright Law establishes that literary and artistic works that have already been disclosed or published can be used without the consent of the copyright owner, provided that the original source is referenced and the content is published without alteration.
  • The Copyright Law regulates the fair use of works that have been published by their authors or copyright owners. However, in some cases, it’s difficult to determine whether the use of a work is permitted, since no parameters have been established by the law.

Examples of Fair Use

  • quotation of texts (the amount quoted should not be considered a substantial reproduction of the original work)
  • reproduction of articles, photographs, illustrations and comments relating to current events that have been published in the press or broadcast by radio or television
  • reproduction of parts of a work for the purposes of scientific, literary or artistic criticism and research
  • reproduction of a single copy by archives or a library for reasons of security and preservation where the work is out of print, no longer catalogued and liable to disappear
  • reproduction for the purposes of evidence in a judicial or administrative proceeding
  • reproduction, communication and distribution in drawings, paintings, photographs and audiovisual material of works that are visible from public places
  • publication of a literary or artistic work for people with disabilities, without the intention of benefiting commercially

Copyright Infringement

  • The Mexican legal system establishes two types of actions for copyright infringement: criminal actions that can be filed before the Mexican Attorney General’s Office and administrative remedies that can be filed before the Mexican Institute of Industrial Property (IMPI).
  • Infringers may face state or federal prosecution and may be subject to civil and criminal sanctions. This could result in monetary damages (royalties), confiscation, injunctive relief to prohibit further damaging actions by the infringer and criminal penalties against the infringer. Authors can also take civil action to protect the economic and moral values of their works. 

Who Can Be Sued for Copyright Infringement?

  • Directors, representatives, managers, members of management committees and shareholders of companies can sometimes be held personally liable, as well.
  • Unauthorized individuals who use content unlawfully can be sued for copyright infringement and for collection of royalties.

Durations

  • In Mexico, the duration of the protection of a copyright work is 100 years after the death of the author. This does not vary depending on the type of work.
  • If the work is created as a result of a written labor agreement, the Mexican Copyright Law states that the rights will remain in equal parts to the employee and employer. The employer may divulge the work without the authorization of the employee but not the other way around. If there is a lack of written agreement, the rights will automatically be granted to the employee.

Licensing

  • In Mexico, there are different types of collective licensing bodies. The authors, producers and performers of the works are considered the most important in the entertainment industries. The author is always entitled to restrict the acts that infringe the moral rights of a work such as: the recognition of authorship, the disclosure right and opposition to any modification.
  • There are different authorities that are responsible for handling the procedures relating to different copyright violations.
    • In the case of trade infringement, the proceeding is substantiated before the Mexican Patent Trademark Office (MPTO).
    • In the case of copyright offenses, they are denounced before the public ministry to be resolved by the federal court.

Avoiding Copyright Infringement

  • Specific exceptions for avoiding copyright infringement in Mexico:
    • Citation of texts.
    • Reproduction of content published by the press, broadcast radio or TV.
    • Reproduction of parts of the work, for criticism and scientific, literary or artistic research.