Last reform published DOF 17-03-2015
ERNESTO ZEDILLO PONCE DE LEÓN, President of the United Mexican States, to its inhabitants known:
That the Honorable Congress of the Union, has served to address the following
"THE CONGRESS OF THE MEXICAN UNITED STATES, DECREES:
FEDERAL LAW OF COPYRIGHT LAW
Article 1o.- This Law, which is a regulation of Article 28 of the Constitution, aims to safeguard and promote the cultural heritage of the nation; of the rights of authors, performers, publishers, producers and broadcasters, in relation to their literary or artistic works in all their manifestations, their interpretations or executions, their editions, their phonograms or videograms, their emissions, as well as other intellectual property rights.
Article 2o.- The provisions of this Law are of public order, of social interest and of general observance throughout the national territory. Its administrative application corresponds to the Federal Executive through the National Institute of Copyright and, in the cases provided for by this Law, of the Mexican Institute of Industrial Property.
For the purposes of this Law, the Institute shall be understood as the National Institute of Copyright.
Article 3o.- The works protected by this Law are those of original creation likely to be disclosed or reproduced in any form or medium.
Article 4o.- The works object of protection can be:
A. According to its author:
I. Known: Contain the name, sign, or signature with which its author is identified;
II. Anonymous: No mention of the name, sign or signature identifying the author, either by will of the author, or by not being possible such identification, and
III. Seudonimas: The divulged with a name, sign or signature that does not reveal the identity of the author;
B. According to their communication:
I. : Those who have been made of public knowledge for the first time in any form or medium, either in full or in part, either in the essence of their content or, even, by a description of it;
II. Unreleased: Undisclosed, and
(a) Those that have been edited, whatever the mode of reproduction of the copies, as long as the number of copies, made available to the public, reasonably satisfy the needs of the holding, estimated according to the nature of the work, and
b) Those that have been made available to the public through their storage by electronic means that allow the public to obtain tangible copies of the same, whatever the nature of these specimens;
C. According to its source:
I. Primitives: Those that have been created of origin without being based on another pre-existing, or that being based on another, their characteristics allow to affirm their originality, and
II. Derived: Those resulting from adaptation, translation or other transformation of a primitive work;
D. According to the creators involved:
I. Individual: Those that have been created by a single person;
II. Collaboration: Those that have been created by multiple authors, and
III. Collective: Those created by the initiative of a natural or moral person who publishes and publishes them under his management and his name and in which the personal contribution of the various authors who have participated in its elaboration is founded on the (a) as a whole with a view to which it has been conceived, without it being possible to give each of them a distinct and undivided right on the whole made.
Article 5o.- The protection granted by this Law is granted to works from the moment they have been fixed in a material support, regardless of the merit, target, or expression mode.
The recognition of copyright and related rights does not require registration or document of any kind or will be subject to compliance with the Any formality.
Article 6o.- Fixing is the incorporation of letters, numbers, signs, sounds, images, and other elements in which the work has been expressed, or of the representations digital of those, which in any form or material support, including the electronic ones, allows their perception, reproduction or other form of communication.
Article 7o.- Foreign authors or rightholders and their successors in title shall enjoy the same rights as nationals in the terms of the present Law and international treaties on copyright and related rights signed and approved by Mexico.
Article 8o.- Performers, editors, producers of phonograms or videograms and the broadcasting organizations that they have performed outside the national territory, respectively, the first fixation of their interpretations or executions, their editions, the first fixation of the sounds of these executions or the images of their videograms or the communication of their emissions, enjoy the protection afforded by this Law and the Treaties International copyright and related rights signed and approved by Mexico.
Article 9o.- All deadlines set to determine the protection granted by this Law will be computed from the 1st. January of the year following the respective year in which the event used to start the computation would have been made, unless such an arrangement establishes a provision to the contrary.
Article 10.- As not provided for in this Law, the Commercial Law, the Civil Code for the Federal District in Common Matter and for the entire Republic in Federal Matter and the Federal Law of Administrative Procedure.
Article 11.- The copyright is the recognition that the State makes in favour of any creator of literary and artistic works provided for in Article 13 of this Law, under which it grants its protection to the author to enjoy exclusive privileges and privileges of personal and patrimonial character. The former integrate the so-called moral right and the second, the patrimonial.
Article 12.- Author is the natural person who has created a literary and artistic work.
Article 13.- The copyright referred to in this Law is recognized with respect to the works of the following branches:
II. Musical, with or without letter;
V. Pictoric or drawing;
VI. Sculptural and plastic character;
VII. Cartoon and comic;
IX. Film and other audiovisual works;
X. Radio and television programs;
XI. Computer programs;
XIII. Applied art works that include graphic or textile design, and
XIV. Build, consisting of collections of works, such as encyclopedias, anthologies, and works or other elements such as databases, provided that such collections, by their selection or the provision of their content or materials, constitute an intellectual creation.
Other works which by analogy may be considered literary or artistic works shall be included in the branch which is more akin to their nature.
Article 14.- They are not the subject of protection as the copyright to which this Law refers:
I. The ideas themselves, the formulas, solutions, concepts, methods, systems, principles, discoveries, processes and inventions of any kind;
II. The industrial or commercial exploitation of the ideas contained in the works;
III. Schemas, plans, or rules for performing mental acts, games, or business;
IV. The letters, digits, or isolated colors, unless their stylization is such that they are converted into original drawings;
V. The isolated names and titles or phrases;
VI. Simple forms or blank forms to be filled with any kind of information, as well as their instructions;
VII. Reproductions or imitations, without authorization, of shields, flags or emblems of any country, state, municipality or equivalent political division, nor the names, acronyms, symbols or emblems of international governmental, non-governmental organisations, or any other officially recognised organisation, as well as the verbal designation of such organisations;
VIII. Legislative, regulatory, administrative or judicial texts, as well as their official translations. If published, they must adhere to the official text and do not confer exclusive right to edit;
However, the concordances, interpretations, comparative studies, annotations, comments and other similar works will be protected. they involve, on the part of their author, the creation of an original work;
IX. The news content of the news, but its form of expression, and
X. Common usage information such as recranes, sayings, legends, facts, calendars, and metric scales.
Article 15.- Literary and artistic works published in newspapers or magazines or broadcast by radio, television or other media do not lose made legal protection.
Article 16.- The work may be made public knowledge by means of the acts described below:
I. Disclosure: The act of making accessible a literary and artistic work by any means to the public, for the first time, with which it ceases to be unpublished;
II. Publication: The reproduction of the work in tangible form and its making available to the public by copies, or its permanent or temporary storage by electronic means, that allow the public to read it or to know it visual, tactile or auditively;
III. Public communication: Act by which the work is placed within the general scope, by any means or procedures that the deceased and which does not consist of the distribution of copies;
IV. Execution or public representation: Presentation of a work, by any means, to listeners or viewers without restricting it to a private group or family circle. The execution or representation that is made of the work within the circle of a school or an institution of public or private assistance is not considered to be public, as long as it is not carried out for profit;
V. Distribution to the public: It is available to the public of the original or copy of the work by sale, lease and, in general, any other form, and
VI. Reproduction: The performance of one or more copies of a work, a phonogram or a videogram, in any tangible form, including any permanent or temporary storage by electronic means, even if two-dimensional realization of a three-dimensional work or vice versa.
Article 17.- The works protected by this Law that are published, must show the expression "Rights Reserved", or its abbreviation " D. A. ", followed by the symbol; the full name and address of the copyright holder and the year of the first publication. These particulars must appear on a visible site. The omission of these requirements does not imply the loss of copyright, but subject to the licensee or publisher responsible for the penalties laid down in the Act.
Of The Morales Rights
Article 18.- The author is the only, primeval and perpetual holder of moral rights on the works of his creation.
Article 19.- The moral right is considered to be united to the author and is inalienable, imprescriptible, unrenountable and unembargable.
Article 20.- It is the exercise of moral law, the creator of the work and his heirs. In the absence of these, or in the case of works of public domain, anonymous or protected by Title VII of this Law, the State shall exercise them in accordance with the following article, provided that it is works of interest to the patrimony national culture.
Article 21.- The holders of moral rights will be able at all times:
I. To determine if its work is to be disclosed and in what form, or to keep it unpublished;
II. Require the recognition of their quality of author in respect of the work by the created and that their disclosure be carried out as anonymous or pseudonymous work;
III. To demand respect for the work, opposing any deformation, mutilation or other modification of it, as well as any action or attempt to the same one causing demerit of it or prejudice to the reputation of its author;
IV. Modify your work;
V. Withdraw your work from the trade, and
VI. Oppose the author being attributed a work that is not of its creation. Any person who intends to attribute a work other than his creation may exercise the power to which this fraction refers.
The heirs may only exercise the powers laid down in Sections I, II, III and VI of this Article and the State may, where appropriate, only do so in respect of those laid down in fractions III and VI of this Article.
Article 22.- Unless otherwise agreed between the co-authors, the director or the director of the work, has the exercise of the moral rights in the audiovisual work as a whole, without prejudice to those corresponding to the other co-authors in relation to their respective contributions, or to which the producer may exercise in accordance with this Law and with the provisions of Article 99 thereof.
Article 23.- Unless otherwise agreed, it is understood that authors who contribute works for use in advertising or advertising, have authorized the omission of the self-credit during the use or exploitation of the credit, without this implying the renunciation of moral rights.
Of The Heritage Rights
Article 24.- By virtue of the patrimonial right, the author corresponds to the right to exploit his works exclusively, or to authorize others his exploitation, in any form, within the limits established by this Law and without prejudice to the ownership of the moral rights referred to in Article 21 thereof.
Article 25.- It is the holder of the patrimonial right of the author, heir or the acquirer for any title.
Article 26.- The author is the original holder of the patrimonial right and his or her heirs or successors in title shall be considered to be a holder. derivatives.
Article 26a.- The author and his successor shall enjoy the right to receive a royalty for the communication or public transmission of his work by any means. The author's right is inalienable. This regalia shall be paid directly by the person who carries out the communication or public transmission of the works directly to the author, or to the collective management company that represents them, subject to the provisions of Articles 200 and 202 and VI of the Law.
The amount of royalties must be agreed directly between the author, or if any, the appropriate Collective Management Society and the persons who make the communication or public transmission of the works in terms of Article 27 Fractions II and III of this Law. In the absence of an agreement, the Institute shall establish a fee in accordance with the procedure laid down in Article 212 of this Law.
Article 27.- Property rights holders may authorize or prohibit:
I. The reproduction, publication, editing or material fixation of a work in copies or copies, carried out by any means, whether printed, phonographic, graphic, plastic, audiovisual, electronic, photographic or similar.
II. Public communication of your work through any of the following ways:
a) The representation, recitation and public execution in the case of literary and artistic works;
b) Public display by any means or procedure, in the case of literary and artistic works, and
c) Public access through telecommunication;
III. The public transmission or broadcasting of his works, in any form, including the transmission or retransmission of the works by:
b) Optical fiber;
d) Satellite path, or
e) Any other known media or to be known.
IV. The distribution of the work, including the sale or other forms of transmission of the property of the material supports that contain it, as well as any form of transmission of use or exploitation. Where the distribution is carried out by sale, this right of opposition shall be deemed to be exhausted from the first sale, except in the case expressly referred to in Article 104 of this Law;
V. The importation into the national territory of copies of the work done without their authorization;
VI. The disclosure of derivative works, in any of its modalities, such as translation, adaptation, paraphrase, arrangements and transformations, and
VII. Any public use of the work except in the cases expressly established in this Law.
The above, without prejudice to the obligation of the broadcasters to allow the retransmission of their signal and the obligation of the dealers to restricted television broadcasting in the terms established in the Federal Telecommunications and Broadcasting Act and without prejudice to the corresponding copyright and related rights.
Article 28.- The faculties referred to in the previous article are independent of each other and each of the operating modes are also independent.
Article 29.- The property rights will be in effect for:
I. The life of the author and, from his death, a hundred years more.
When the work belongs to several co-authors the hundred years will be counted from the death of the last one, and
II. One hundred years after divulging.
If the holder of the patrimonial right other than the author dies without heirs the power to exploit or authorize the exploitation of the work shall correspond to the author and, from the latter, it shall be the State through the Institute, which shall respect the rights acquired by third parties before.
Past the terms foreseen in the fractions of this article, the work will move into the public domain.
From the Transmission of Heritage Rights
Article 30.- The holder of the property rights may, freely, in accordance with the provisions of this Law, transfer his or her property rights or grant exclusive or non-exclusive use licenses.
All transmission of copyright will be onerous and temporary. In the absence of agreement on the amount of the remuneration or the procedure for fixing it, as well as the terms for its payment, the competent courts will determine it.
The acts, conventions and contracts for which heritage rights are transmitted and the licenses for use must be held, invariably, in writing, otherwise shall be null and void.
Article 31.- All transmission of property rights shall provide for the author or the holder of the patrimonial right, if any, a participation (a) proportional to the income of the holding in question, or a fixed and fixed remuneration. This right is inalienable.
Article 32.- The acts, conventions and contracts for which the property rights are transmitted must be entered in the Public Registry of Copyright to have effects against third parties.
Article 33.- In the absence of express provision, any transfer of property rights is considered for the term of 5 years. It may only be agreed exceptionally for more than 15 years when the nature of the work or the scale of the investment required so justifies.
Article 34.- Future work production may only be subject to contract when it is a given work whose characteristics must be established in it. The global transmission of future work, as well as the stipulations by which the author undertakes not to create any work, are null and void.
Article 35.- The exclusive license shall be expressly granted with such character and shall attribute to the licensee, unless otherwise agreed, the ability to exploit the work with the exclusion of any other person and the work of granting non-exclusive authorizations to third parties.
Article 36.- The exclusive license obliges the licensee to put all necessary means for the effectiveness of the granted exploitation, according to the nature of the work and the uses and customs in the professional, industrial or commercial activity concerned.
Article 37.- Acts, conventions and contracts on property rights that are formalized before a notary, a public corridor or any public purse be registered in the Public Registry of Copyright, they will bring about execution.
Article 38.- The copyright is not tied to the property of the material object in which the work is incorporated. Unless otherwise stated, the sale by the author or his right of the material support containing a work shall not transfer to the acquirer any of the property rights in respect of such work.
Article 39.- The authorization to broadcast a protected work, by radio, television or any other similar means, does not include the exploit it.
Article 40.- The holders of copyright and related rights may require a compensatory payment for the performance of the any copy or reproduction made without their authorisation and without being covered by any of the limitations provided for in Articles 148 and 151 of this Law.
Article 41.- The property rights are neither embargable nor pignorable, although the fruits and products derived from their products may be the object of embargo or exercise.
From The Literary Work Edit Contract
Article 42.- There is a literary work edition contract when the author or the owner of the property rights, if any, is obliged to deliver a work to a The publisher and the publisher, in turn, are obliged to reproduce, distribute and sell it by covering the holder of the estate right with the agreed benefits.
The parties may agree that the distribution and sale will be made by third parties, as well as agree on the content of the edition contract, except for the rights Non-renountable established by this Law.
Article 43.- As a derogation from Article 33 of this Law, the time limit for the assignment of literary works rights shall not be subject to limitation some.
Article 44.- The contract to edit a work does not imply the transmission of the other's property rights.
Article 45.- The publisher may not publish the work with abbreviations, additions, deletions or any other modifications, without written consent of the author.
Article 46.- The author shall retain the right to make to his work the corrections, amendments, additions or improvements he deems appropriate before the work enters into press.
When the modifications make the editing more onerous, the author will be obliged to compensate the expenses that for that reason originate, except pact to the contrary.
Item 47.- The edit contract must contain at least the following items:
I. The number of edits or, if any, reprints, which you understand;
II. The number of copies of each edition;
III. Whether or not the delivery of the material is exclusive, and
IV. The remuneration to be paid by the author or the owner of the property rights.
Article 48.- Unless otherwise agreed, the costs of editing, distribution, promotion, advertising, propaganda or any other concept shall be on behalf of the editor.
Article 49.- The editor that has done editing a work will have the right of preference on equal terms to perform the next edition.
Article 50.- If there is no agreement regarding the price that the copies must have for sale, the publisher will be entitled to fix it.
Article 51.- Unless otherwise agreed, the right to separately edit one or more works of the same author does not give the publisher the right to edit them in set. The right to edit the works of an author together does not give the publisher the ability to edit them separately.
Article 52.- These are the obligations of the author or the owner of the patrimonial right:
I. Deliver the work to the editor on the terms and conditions contained in the contract, and
II. Reply to the publisher of the authorship and originality of the work, as well as of the peaceful exercise of the rights that it would have transmitted to you.
Article 53.- The editors must make visible in-form and place of the works they publish, the following data:
I. Name, name, or social reason and address of the editor;
II. Year of editing or reprinting;
III. The ordinal number that corresponds to editing or reprinting, when this is possible, and
IV. International Standard Number of the Book (ISBN), or the International Standard Number for Periodic Publications (ISSN), in the case of periodicals.
Article 54.- The printers must make visible in the form and place of the works they print:
I. Your name, denomination, or social reason;
II. Your home address, and
III. The date when the print was finished.
Article 55.- When in the edit contract the term within which the edition is to be completed and be put up for sale is not stipulated. copies, it is understood that this term is one year from the delivery of the work ready for its edition. After this period has elapsed without the publisher having made the edition, the holder of the property rights may choose to demand the performance of the contract or to terminate it by written notice to the editor. In one and other cases, the publisher will compensate the owner of the property rights for damages caused.
The term for the sale of the copies may not exceed two years, counted from the time the work is made available to the publisher.
Article 56.- The edit contract shall terminate, whatever the time period stipulated for its duration, if the edition of the contract is exhausted, without prejudice to actions arising from the contract itself, or if the publisher does not distribute the work in the agreed terms. An edition shall be deemed to be exhausted, when the publisher lacks the copies of the edition to meet the public's demand.
Article 57.- Every natural or moral person who publishes a work is obliged to mention the name of the author or the pseudonym in his case. If the work is anonymous, it shall be recorded. In the case of translations, compilations, adaptations or other versions, the name of the person who performs the translation, or the name of the person, shall be included.
From The Musical Work Edit Contract
Article 58.- The music edition contract is the one by which the author or the owner of the estate right, if any, gives the publisher the right to reproduction and entitles it to perform the affixechanical fixation and reproduction of the work, its audiovisual synchronisation, public communication, translation, arrangement or adaptation and any other form of exploitation provided for in the contract; and the publisher is obliged, on its part, to disclose the work by all means to its scope, receiving as consideration a participation in the economic benefits to be obtained by the exploitation of the work, according to the agreed terms.
However, in order to be able to perform the audiovisual synchronization, the adaptation for advertising purposes, the translation, arrangement or adaptation the editor must count, in each specific case, with the express permission of the author or his successors.
Article 59.- These are causes of termination, without liability to the author or the owner of the estate right:
I. The publisher has not initiated the disclosure of the work within the term specified in the contract;
II. That the publisher does not violate its obligation to broadcast the work at any time without justified cause, and
III. That the work of the contract has not produced any economic benefits to the parties in the three-year term, in which case there will be no responsibility for the editor.
Article 60.- The provisions of the literary work edition contract are applicable to the music publishing contract in any event that does not object to the contract. provided in this Chapter.
From The Performing Representation Contract
Article 61.- By means of the performance contract the author or the holder of the estate right, if any, grants to a natural or moral person, "entrepreneur", the right to represent or execute a literary, musical, musical literary, dramatic, dramatic musical, dance, pantomimical or choreographic work, for a pecuniary consideration; and the entrepreneur is obliged to to bring that representation into the agreed conditions and on the basis of to the provisions of this Law.
The contract must specify whether the right is granted exclusively or without it and, where applicable, the conditions and characteristics of the staging or executions.
Article 62.- If the period during which the work is rendered or executed shall not be settled in the performance contract, the public shall be understood which is for a year.
Article 63.- It is the employer's obligations:
I. Ensure public representation or execution in agreed conditions;
II. Ensuring the author, the holder of the property rights or their representatives free access to it, and
III. To satisfy the holder of the property rights the agreed remuneration.
Article 64.- Unless otherwise agreed, the performance contract signed between the author and the employer authorizes the author to represent the work in all the territory of the Mexican Republic.
Article 65.- The provisions of the literary work edition contract are applicable to the performance contract in any event that does not object to the contract. provided in this Chapter.
From The Broadcasting Contract
Article 66.- By the broadcast contract the author or the holder of the property rights, if any, authorizes a broadcasting organization to transmit a work.
The provisions applicable to the transmissions of these organisms shall be applicable, as appropriate, to those made by cable, optical fibre, radio, satellite or any other analogue means making remote communication to the public of protected works possible.
Article 67.- The provisions of the literary work edition contract are applicable to the broadcasting contract in any event that does not object to the provisions of the contract. by this Chapter.
From The Audiovisual Production Contract
Article 68.- By the audiovisual production contract, the authors or holders of the property rights, if any, will give exclusive rights to the producer. rights of reproduction, distribution, public communication and subtitling of the audiovisual work, unless otherwise agreed. The musical works are excepted from the above.
Article 69.- When the contribution of an author is not completed by force majeure, the producer may use the part already made, respecting the rights of that on the same, including that of anonymity, without prejudice to the compensation to be provided.
Article 70.- The effects of the production contract shall be fully entitled to the effects of the production contract, if the performance of the audiovisual works is not initiated within the period stipulated by the parts or by force majeure.
Article 71.- The audiovisual work is considered to be completed when, according to the agreement between the director director on the one hand, and the producer on the other, has reached the final version.
Article 72.- The provisions of the contract for the publishing of literary works in all that do not object to the contract of audiovisual production are applicable to the audiovisual production contract. provided in this Chapter.
From Advertising Contracts
Article 73.- It is advertising contracts that have the purpose of the exploitation of literary or artistic works for the purposes of promotion or identification in advertising or propaganda advertisements through any means of communication.
Article 74.- Advertising or propaganda advertisements may be broadcast for up to six months from the first communication. After this term, its communication shall be paid for each additional period of six months, even if it is only carried out in fractions of that period, at least with an amount equal to that originally contracted. After three years from the first communication, their use shall require the authorisation of the authors and the holders of the related rights of the works used.
Article 75.- In the case of printed media advertising, the contract must specify the material support or supports in which the work will be reproduced and, if deals with brochures or means other than the periodicals, the number of copies of which shall be printed. Each additional dump shall be the subject of an express agreement.
Article 76.- The provisions of the contract for the publishing of literary works, musical works and audiovisual production in the field of advertising are applicable to advertising contracts. any that does not object to the provisions of this Chapter.
From Protection to Copyright
Article 77.- The person whose name or pseudonym, known or registered, appears as the author of a work, shall be considered as such, unless proof to the contrary and, in The competent courts shall be allowed to take the action which is liable to be liable for infringement of their rights.
With respect to the works signed under pseudonym or whose authors have not been made known, the actions to protect the right will correspond to the person making them public knowledge with the consent of the author, who will have the responsibilities of a manager, until as soon as the holder of the rights does not appear in the respective judgment, unless there is prior agreement to the contrary.
Article 78.- The derivative works, such as fixes, compends, extensions, translations, adaptations, paraphrases, compilations, collections, and transformations of literary or artistic works, they will be protected in what they have of originals, but they can only be exploited when they have been authorized by the holder of the patrimonial right on the original work, prior consent of the Holder of the moral right, in the cases provided for in Fraction III Article 21 of the Law.
When the derivative works are in the public domain, they will be protected in what they have of originals, but such protection will not include the right to the exclusive use of the primeval work, nor will it entitle you to prevent other versions of it from being made.
Article 79.- The translator or the holder of the property rights of the translation of a work that accredits having obtained the authorization of the holder of the The property rights to be translated shall enjoy, in respect of the translation concerned, the protection afforded to it by this Law. Therefore, such translation may not be reproduced, modified, published or altered, without the consent of the translator.
When a translation is performed in the terms of the preceding paragraph, and present few or small differences with another translation, it shall be considered as simple reproduction.
Article 80.- In the case of works made in co-authorship, the rights granted by this Law shall correspond to all authors by equal parts, except in the case of or to demonstrate the authorship of each.
In order to exercise the rights established by this Law, the consent of the majority of the authors is required, the same one that compels all. Where appropriate, the minority is not obliged to contribute to the costs incurred, but rather to the benefits to be obtained.
When the majority make use or exploit the work, it shall deduct from the total perception, the amount of the expenditure incurred and shall give the minority the participation which corresponds.
When the party made by each of the authors is clearly identifiable, they may freely exercise the rights referred to in this Law in the part that corresponds to them.
Unless otherwise agreed, each of the co-authors of a work will be able to request the registration of the complete work.
Dead one of the co-authors or holders of the property rights, without heirs, their right to increase that of the others.
Article 81.- Unless otherwise agreed, the copyright on a work with music and lyrics shall belong, in equal parts to the author of the literary and the the musical part. Each of them, may freely exercise the rights of the party that corresponds to it or of the complete work and, in the latter case, must give notice in an indutable form to the co-author, mentioning his name in the edition, in addition to paying him the part that corresponds to you when you do so for lucrative purposes.
Article 82.- Those who contribute articles to newspapers, magazines, radio or television programs or other broadcast media, unless otherwise agreed, retain the right to edit their articles in the form of a collection, after they have been transmitted or published in the journal, the magazine or the station in which they collaborate.
Article 83.- Unless otherwise agreed, the natural or moral person who commissioned the production of a work or who produces it with the paid collaboration of others, shall enjoy the ownership of the property rights on the same and shall be entitled to the powers relating to the disclosure, integrity of the work and the collection of such creations.
The person who participates in the performance of the work, in paid form, shall have the right to be expressly mentioned to him as an author, artist, interpreter or executing on the party or parts in whose creation you have participated.
Article 83a.- In addition to the provisions of the previous Article, the person who participates in the performance of a musical work in paid form, have the right to the payment of royalties that are generated by the communication or public transmission of the work, in terms of Articles 26a and 117a of this Law.
For a work to be considered as commissioned, the terms of the contract must be clear and precise, in case of doubt, the most favourable interpretation will prevail to the author. The author is also entitled to work out his contract when a work is requested on his behalf.
Article 84.- In the case of a work carried out as a result of an employment relationship established through an individual contract of employment consisting of in writing, in the absence of a pact to the contrary, it will be presumed that the property rights are divided equally between employer and employee.
The employer may disclose the work without authorization from the employee, but not on the contrary. In the absence of an individual written work contract, the property rights shall correspond to the employee.
From Photographic, Plastic, and Graphic Works
Article 85.- Unless otherwise agreed, the author who has alienated his pictorial work, sculptural and plastic arts in general, has not granted to the acquirer the right to reproduce it, but if the right to display it and the right to translate it into catalogues. In any event, the author may object to the exercise of these rights, when the exhibition is held in conditions that damage his honor or professional reputation.
Article 86.- Professional photographers can only display the photographs made on order as a sample of their work, prior to authorization. The above will not be necessary when the purposes are cultural, educational, or non-profit publications.
Article 87.- The portrait of a person may only be used or published, with their express consent, or with that of their representatives or the holders of the rights. The authorization to use or publish the portrait may be revoked by the person who has granted the portrait who, if any, will be liable for the damages that may be caused by the revocation.
When in exchange for a remuneration, a person shall be left to portray, presumed to have granted the consent referred to in the preceding paragraph and shall not be entitled to revoke it, as long as it is used in terms and for agreed purposes.
The consent referred to in this article shall not be necessary in the case of the portrait of a person who is a minor of a set or the photograph is taken in a public place and for informational or journalistic purposes.
The rights set for the retreated people will last 50 years after their death.
Article 88.- Unless otherwise agreed, the exclusive right to reproduce a pictorial, photographic, graphic or sculptural work does not include the right to reproduce it in any type of article as well as the commercial promotion of it.
Article 89.- The graphic and photographic work in series is one that results from the elaboration of several copies from an array made by the author.
Article 90.- For the purposes of this Act, the duly signed and numbered graphic and photographic copies are considered to be original.
Article 91.- To sculptures that are made in a limited series and numbered from a mold, the provisions of this chapter apply to them.
Article 92.- Unless otherwise agreed, the author of an architectural work will not be able to prevent the owner of the work from making modifications, but will have the faculty to prohibit their name from being associated with the altered work.
Article 92a.- The authors of works of plastic and photographic arts shall be entitled to receive from the seller a share in the price of any resale which of the same shall be carried out in public auction, in commercial establishment, or with the intervention of a merchant or merchant agent, with the exception of the works of art applied.
I.- The aforementioned participation of the authors shall be set by the Institute under the terms of Article 212 of the Law.
II.- The right established in this Article is inalienable, transmitted only by succession of mortis causes and will be extinguished after a hundred years from of the death or the declaration of death of the author.
III.- The auctioneers, holders of commercial establishments, or commercial agents who have intervened in the resale must notify the company of collective management or, where appropriate, the author or his/her right-holders, within two months, and shall provide the necessary documentation for the practice of the corresponding liquidation. In addition, when they act on behalf or in charge of the seller, they shall be jointly and severally liable for the payment of the duty, to which effect they shall retain the relevant share of the price. In any event, they shall be deemed to be the amount of such participation.
IV.- The same right shall apply with respect to the original manuscripts of literary and artistic works.
Article 93.- The provisions of this chapter will be valid for works of art applied in whatever they have of originals. The use of the same shall not be the object of protection.
From Film and Audiovisual Work
Article 94.- It is understood by audiovisual works that are expressed by a series of associated images, with or without built-in sonorization, that are made Perceptible, by means of technical devices, producing the sensation of movement.
Article 95.- Without prejudice to the rights of the authors of the works adapted or included in it, the audiovisual work will be protected as a first work.
Article 96.- The holders of the property rights may have their respective contributions to the audiovisual work in order to exploit them in isolation, provided that the normal exploitation of such work is not prejudiced.
Article 97.- They are authors of audiovisual works:
I. The director director;
II. The authors of the argument, adaptation, hyphen, or dialog;
III. The authors of the musical compositions;
IV. The photographer, and
V. The authors of cartoons and cartoons.
Unless otherwise agreed, the producer is considered to be the holder of the property rights of the work as a whole.
Article 98.- It is the producer of the audiovisual work the natural or moral person who has the initiative, the coordination and the responsibility in the realization of a work, or that you are sponsoring.
Article 99.- Unless otherwise agreed, the contract to be concluded between the author or the holders of the property rights, if any, and the producer, implies the unlimited and exclusive assignment in favour of this of the heritage rights on the audiovisual work.
Once the authors or holders of heritage rights have committed themselves to contribute their contributions to the realization of the audiovisual work, they will not be able to to oppose reproduction, distribution, representation and public execution, transmission by cable, broadcasting, communication to the public, subtitled and dubbing the texts of such work.
Without prejudice to the rights of the authors, the producer may carry out all the necessary actions for the exploitation of the audiovisual work.
Article 100.- The provisions contained in this Chapter shall apply as appropriate to the works of broadcast.
From Computer Programs and Databases
Article 101.- The computer program is understood to be the original expression in any form, language or code, of a set of instructions that, with a sequence, structure and organization determined, is intended for a computer or device to perform a specific task or function.
Article 102.- Computer programs are protected on the same terms as literary works. This protection extends to both the operational programmes and the implementing programmes, either in the form of source code or in the form of an object code. The exception of computer programs intended to cause harmful effects to other programs or equipment.
Article 103.- Unless otherwise agreed, the property rights on a computer program and its documentation, when they have been created by one or more employees in the exercise of their duties or following the instructions of the employer, correspond to the employer.
As a derogation from Article 33 of this Law, the time limit for the assignment of rights in the field of computer programs is not subject to limitation. some.
Article 104.- As an exception to the provisions of Article 27 (IV), the copyright holder on a computer program or on a basis of the data shall retain, even after the sale of copies thereof, the right to authorise or prohibit the leasing of such copies. This provision shall not apply where the copy of the computer program does not itself constitute an essential object of the license for use.
Article 105.- The legitimate user of a computer program may make the number of copies authorized by the license granted by the holder of the copyright, or a single copy of that program as long as:
I. Be indispensable for program utilization, or
II. Be intended exclusively as a safeguard to replace the legitimately acquired copy, when it cannot be used for damage or loss. The backup copy must be destroyed when the user's right to use the computer program ceases.
Article 106.- The wealth right over a computer program includes the ability to authorize or prohibit:
I. The permanent or provisional reproduction of the program in whole or in part, by any means and form;
II. The translation, adaptation, arrangement or any other modification of a program and the reproduction of the resulting program;
III. Any form of program distribution or a copy of the program, including rent, and
IV. The decompilation, the processes to reverse the engineering of a computer program and the disassembly.
Article 107.- Databases or other materials readable by machines or in other form, which for reasons of selection and disposition of their content constitute intellectual creations, will be protected as compilations. Such protection shall not extend to data and materials in themselves.
Article 108.- The databases that are not original are, however, protected in their exclusive use by those who have worked for them, for a period of 5 years. years.
Article 109.- Access to information of a private nature relating to the persons contained in the databases referred to in the previous article, as well as the publication, reproduction, disclosure, public communication and transmission of such information, shall require the prior authorisation of the persons concerned.
With the exception of the foregoing, the investigations of the authorities responsible for the prosecution and the imparting of justice, in accordance with the respective legislation, as well as access to public archives by persons authorised by law, provided that the consultation is carried out in accordance with the respective procedures.
Article 110.- The holder of the patrimonial right on a database shall have the exclusive right, in respect of the form of expression of the said structure base, of authorizing or prohibiting:
I. Your permanent or temporary reproduction, total or partial, by any means and in any form;
II. Your translation, adaptation, reordering, and any other modification;
III. The distribution of the original or copies of the database;
IV. Communication to the public, and
V. The reproduction, distribution, or public communication of the results of the operations mentioned in section II of this article.
Article 111.- Programs made electronically containing visual, sound, three-dimensional or animated elements are protected by this Law in the primitive elements that contain.
Article 112.-The , processing, distribution and use of equipment or the provision of services to eliminate protection is prohibited. The invention also provides a method for the use of computer programs, transmissions through the electromagnetic spectrum and telecommunications networks and the electronic element programs mentioned in the previous article.
Article 113.- Works and interpretations or executions transmitted by electronic means through the electromagnetic spectrum and telecommunications networks and the result of this transmission will be protected by this Law.
Article 114.- The transmission of works protected by this Law by means of cable, radio waves, satellite or other similar ones, must be adapted, as appropriate, to Mexican legislation and to respect in any case and at all times the provisions on the matter.
Article 115.- The protection provided for in this title will leave intact and will in no way affect the protection of copyright on literary works and artistic. Therefore, none of the provisions of this Title may be interpreted as undermining that protection.
From Interpreter or Executing Artists
Article 116.- The performer or performer terms the actor, narrator, declamator, singer, musician, dancer, or anyone else who interpret or execute a literary or artistic work or an expression of the folklore or perform an activity similar to the previous ones, even if there is no previous text that norme its development. The so-called extras and eventual participations are not included in this definition.
Article 117.- The performer or performer enjoys the right to the recognition of their name in respect of their interpretations or executions as well as that of oppose any deformation, mutilation or any other attack on his performance that damages his reputation or reputation.
Article 117a.- Both the performer, the performer, has the inalienable right to receive a remuneration for the use or exploitation of their interpretations or executions that are made for direct or indirect profit, by any means, public communication or making available.
Article 118.- Performers have the right to oppose:
I. Public communication of their interpretations or runs;
II. The fixing of their interpretations or runs on a material basis, and
III. The reproduction of the fixation of your interpretations or runs.
These rights are considered to be exhausted once the performer has authorized the incorporation of his/her performance or interpretation into a fixation visual, sound or audiovisual, provided that the users who use the material supports for profit make the corresponding payment.
Article 119.- Artists who collectively participate in the same performance, such as musical groups, choirs, orchestras, ballet or theatre companies, they shall designate a representative for the exercise of the right of opposition referred to in the previous Article.
A lack of such designation is presumed to act as a representative of the group or company director.
Article 120.- Interpretation or execution contracts shall specify the times, periods, consideration and other terms and modalities under which Such interpretation or execution may be fixed, reproduced and communicated to the public.
Article 121.- Unless otherwise agreed, the conclusion of a contract between an interpreter or performer and a producer of audiovisual works for the production of an audiovisual work carries the right to set, reproduce and communicate to the public the performances of the artist. The above does not include the right to use separately the sound and images set out in the audiovisual work, unless expressly agreed.
Article 122.- The duration of the protection granted to performers will be seventy-five years counted from:
I. The first fixation of the interpretation or execution on a phonogram;
II. The first interpretation or execution of unrecorded works in phonograms, or
III. Transmission for the first time through radio, television, or any medium.
From Book Editors
Article 123.- The book is any unitary publication, not periodic, of a literary, artistic, scientific, technical, educational, informative or recreational character, printed on any medium, the edition of which is made in its entirety at one time on a volume or at intervals in various volumes or fasciculties. It shall also include complementary materials in any form of support, including electronic means, which together with the book shall form a unit which cannot be placed on the market separately.
Article 124.- The book editor is the physical or moral person who selects or conceives an edition and performs its elaboration on its own or through third parties.
Article 125.- Book editors will have the right to authorize or prohibit:
I. The direct or indirect, total or partial reproduction of their books, as well as the exploitation thereof;
II. The import of copies of your books made without your authorization, and
III. The first public distribution of the original and each copy of its books by sale or otherwise.
Article 126.- The book publishers will enjoy the right of exclusivity on the typographical and diagramming characteristics for each book, as soon as possible. contain originals.
Article 127.- The protection referred to in this chapter shall be 50 years from the first edition of the book in question.
Article 128.- Regular publications will enjoy the same protection as this chapter grants to books.
From Phonogram Producers
Article 129.- Fonogram is all fixation, exclusively sound, of the sounds of an interpretation, execution or other sounds, or of digital representations of the same.
Article 130.- Phonogram Producer is the physical or moral person who first sets the sounds of an execution or other sounds or digital representation of the same and is responsible for the editing, reproduction and publication of phonograms.
Article 131.- Phonogram producers will have the right to authorize or prohibit:
I. The direct or indirect, total or partial reproduction of their phonograms, as well as the direct or indirect exploitation thereof;
II. The import of phonogram copies made without the authorization of the producer;
III. The public distribution of the original and each copy of the phonogram by sale or other manner including its distribution through signals or emissions;
IV. The adaptation or transformation of the phonogram, and
V. The commercial lease of the original or a copy of the phonogram, even after the sale of the phonogram, provided that the authors or holders of the property rights have not been reserved.
Article 131a.- Phonogram producers have the right to receive remuneration for the use or exploitation of their phonograms to be made for the purposes of direct or indirect profit, by any means or public communication or making available.
Article 132.- The phonograms must be the symbol (P) accompanied by the indication of the year in which the first publication was made.
The omission of these requirements does not imply the loss of the rights that correspond to the phonogram producer but subject to the sanctions established by the Law.
, unless proof to the contrary, is presumed to be the Producer of Phonograms, the natural or moral person whose name is indicated in the legitimate copies of the phonogram, preceded by the letter "P", enclosed in a circle and followed by the year of the first publication.
Phonogram producers shall notify collective management companies of the label data of their productions and of the matrices which are exported, indicating the countries in each case.
Article 133.- Once a phonogram has been legally entered into any commercial circuit, not the performers, nor the performers, producers of phonograms may object to their direct communication to the public, provided that the users who use it for profit make the payment corresponding to those. In the absence of agreement between the parties, the payment of their rights shall be made equally.
Article 134.- The protection referred to in this Chapter shall be seventy-five years, from the first fixation of the sound in the phonogram.
From Videogram Producers
Articles 135.- It is considered to be a video-frame for the attachment of associated images, with or without built-in sound, that give a sense of movement, or of a representation digital of such images of an audiovisual work or of the representation or execution of another work or of an expression of the folklore, as well as of other images of the same class, with or without sound.
Article 136.- Videogram producer is the physical or moral person who first fixes associated images, with or without built-in sound, that give a sense of movement, or a digital representation of such images, whether or not they constitute an audiovisual work.
Article 137.- The producer enjoys, in respect of his or her videograms, the rights to authorize or prohibit its reproduction, distribution, and public communication.
Article 138.- The duration of the rights regulated in this chapter is fifty years from the first fixation of the images in the videogram.
From Broadcasting Organizations
Article 139.- For the purposes of this Law, it is considered a broadcasting organization, the concessionary or permitted entity capable of emitting sound signals, visual or both, susceptible to perception, by a plurality of receiving subjects.
Article 140.- It is understood by emission or transmission, the communication of works, sounds or sounds with images by means of radio waves, by wire, optical fibre or other similar procedures. The concept of emission also includes the sending of signals from a terrestrial station to a satellite that is subsequently broadcast.
Article 141.- Retransmission is the simultaneous broadcast by a broadcaster of a broadcast of another broadcaster.
Article 142.- ephemeral recording is the one performed by the broadcasting organizations, when for technical or time reasons and for the effect of a single broadcast later, they have to record or fix the image, the sound or both in advance in their studies, of musical selections or parts of them, works, lectures or scientific studies, literary works, dramatic, choreographic, dramatic-musical, complete programmes and, in general, any work suitable for spread.
Article 143.- The tokens can be:
I. For your ability to access the public:
a) Encrypted, encrypted, or encrypted: those that have been modified for the purpose of being received and decrypted solely and exclusively by those have previously acquired that right of the broadcasting organisation issuing them, and
b) Free: those that can be received by any device fit to receive the signals, and
II. For the time of issue:
a) Source: those that carry programs or live events, and
b) Deferred: those that carry previously fixed programs or events.
Article 144.- Broadcasting organizations shall have the right to authorize or prohibit their emissions:
I. The retransmission;
II. Deferred transmission;
III. Concurrent or deferred distribution, by cable or any other system;
IV. The fixation on a material basis;
V. Playback playback, and
VI. Public communication by any means and form for direct profit.
The above, without prejudice to the obligation of the broadcasters to allow the retransmission of their signal and the obligation of the dealers to restricted television broadcasting in the terms established in the Federal Telecommunications and Broadcasting Act and without prejudice to the corresponding copyright and related rights.
Article 145.- You must pay damages to the person who without the authorization of the legitimate token distributor:
I. Decrypts a program-carrying encoded satellite signal;
II. Receive and distribute a program-carrying encoded satellite signal that would have been unencrypted, and
III. Participate or contribute in the manufacture, import, sale, lease, or realization of any act that allows to have a device or system that is of primary help to decrypt a coded satellite signal, carrier of programs.
Article 146.- The rights of the broadcasting organizations referred to in this Chapter shall be valid for fifty years from the first Original broadcast or broadcast of the programme.
From the Limitations of Copyright and Related Rights
From Public Utility Limitation
Article 147.- The publication or translation of literary or artistic works necessary for the advancement of science, culture and culture is considered to be of public use. national education. Where it is not possible to obtain the consent of the holder of the corresponding property rights, and through the payment of a compensatory remuneration, the Federal Executive, through the Secretariat of Public Education, of trade or Party request may authorise the publication or translation mentioned. This will be without prejudice to international treaties on copyright and related rights signed and approved by Mexico.
From Limitation to Heritage Rights
Article 148.- The literary and artistic works already disclosed may be used, provided that the normal exploitation of the work is not affected, without authorization from the holder of the estate right and without remuneration, invariably quoting the source and without altering the work, only in the following cases:
I. Appointment of texts, provided that the amount taken cannot be considered as a simulated and substantial reproduction of the content of the work;
II. Reproduction of articles, photographs, illustrations and comments concerning current events, published by the press or broadcast on radio or television, or any other means of dissemination, if this has not been expressly prohibited by the rightholder;
III. Reproduction of parts of the work, for scientific, literary or artistic criticism and research;
IV. Reproduction for once, and in a single copy, of a literary or artistic work, for personal and private use of who does and without the end of profit.
Moral persons shall not be able to avail themselves of the provisions of this fraction except in the case of an educational institution, research institution, or commercial activities;
V. Reproduction of a single copy, by a file or library, for security and preservation reasons, and found to be exhausted, uncataloged, and in danger of disappearing;
VI. Reproduction for constancy in a judicial or administrative procedure;
VII. Reproduction, communication and distribution by means of drawings, paintings, photographs and audiovisual procedures of works that are visible from public places; and
VIII. Publication of non-profit artistic and literary work for people with disabilities.
Article 149.- They can be performed without authorization:
I. The use of literary and artistic works in shops or establishments open to the public, which trades copies of such works, provided that there are no charges of admission and that such use does not transcend the place where the sale is realized and has as sole purpose to promote the sale of copies of the works, and
II. The ephemeral recording, subject to the following conditions:
a) Transmission must be made within the time limit that is appropriate;
b) Must not be performed for recording, no concurrent or concurrent broadcast or communication, and
c) The recording will only be entitled to a single broadcast.
The recording and fixing of the image and the sound performed under the conditions mentioned above shall not require any additional payment other than that corresponding to the use of the works.
The provisions of this fraction shall not apply in the event that the authors or the artists have a convention of an onerous nature that authorizes the emissions later.
Article 150.- No royalties will be caused by public execution when the following circumstances are combined:
I. The execution is by means of the communication of a transmission received directly on a radio or television monorreceptor apparatus of the type commonly used in private homes;
II. No collection is made to view or hear the transmission or is not part of a set of services;
III. The received-for-profit transmission is not retransmitted, and
IV. The receiver is a minor causative or a microindustry.
Article 151.- They do not constitute violations of the rights of performers, producers of phonograms, videograms or organisms of broadcasting the use of their performances, phonograms, video frames or broadcasts, when:
I. Do not pursue a direct economic benefit;
II. These are short fragments used in current event information;
III. Sea for teaching or scientific research purposes, or
IV. The cases provided for in Articles 147, 148 and 149 of this Law.
from The Public Domain
Article 152.- Works of the public domain may be freely used by any person, with the sole restriction of respecting the moral rights of the respective authors.
Article 153.- It is free to use the work of an anonymous author while the same is not known or does not exist an identified property rights holder.
Copyright on the Patrios Symbols and the Expressions of Popular Cultures
Article 154.- The works referred to in this Title are protected regardless of whether the individual authorship of them cannot be determined or the time limit. of protection granted to its authors has been exhausted.
Article 155.- The Mexican State is the holder of the moral rights to the patriotic symbols.
Article 156.- The use of the patriotic symbols shall be in accordance with the Law on the Shield, the Flag and the National Anthem.
From Popular Cultures
Article 157.- This Law protects the literary, artistic, popular art or craft works, as well as all the primitive manifestations in their own languages, and the uses, customs and traditions of the pluricultural composition that make up the Mexican State, that do not have an identifiable author.
Article 158.- Literary, artistic, folk art or craft works; developed and perpetuated in a community or ethnic origin or rooted in the Mexican Republic, shall be protected by this Law against its deformation, made in order to cause demerit to the same or damage to the reputation or image of the community or ethnicity to which they belong.
Article 159.- It is free to use literary, artistic, folk art or craft works; protected by this chapter, provided it does not contravene the provisions of the same.
Article 160.- In all fixation, representation, publication, communication or use in any form, of a literary, artistic, popular art or Protected under this Chapter, the community or ethnic group shall be mentioned, or in their case the region of the Mexican Republic of which it is their own.
Article 161.- It is for the Institute to monitor compliance with the provisions of this Chapter and to assist in the protection of works covered by the same.
From Rights Records
From The Public Registry of Copyright
Article 162.- The Public Registry of Copyright is intended to ensure the legal certainty of authors, holders of related rights, and the holders of the respective property rights and their successors in title, as well as giving adequate publicity to the works, acts and documents through their registration.
Literary and artistic works and related rights will be protected even if they are not registered.
Article 163.- In the Public Registry of Copyright you can register:
I. The literary or artistic works presented by their authors;
II. Compensations, arrangements, translations, adaptations or other versions of literary or artistic works, even if the authorization granted by the holder of the patrimonial right is not verified.
This registration does not entitle you to publish or use the registered work in any way, unless the corresponding authorization is credited. This shall be recorded in both the registration and the certifications issued;
III. The scriptures and statutes of the various collecting societies and those that reform or modify them;
IV. The covenants or conventions that Mexican societies of collective management celebrate with foreign societies;
V. Acts, conventions or contracts which in any form confer, modify, transmit, tax or exact property rights;
VI. Related rights conventions or contracts;
VII. The powers granted to manage before the Institute, when the representation conferred covers all matters which the mandant has to deal with the;
VIII. The mandates that members of the collective management societies grant in favor of these;
IX. The conventions or contracts of interpretation or execution held by the performers, and
X. The graphic and distinctive features of works.
Article 164.- The Public Registry of Copyright has the following obligations:
I. Register, where appropriate, the works and documents submitted to it;
II. Provide the persons who request the information from the inscriptions and, except as provided in the following paragraphs, from the documents that obran in the Register.
Dealing with computer programs, editing contracts and unpublished works, obtaining copies will only be permitted by authorization of the right holder property or by court order.
When the requesting person or authority requires a copy of the registration constances, the Institute shall issue a certified copy, but for no reason shall it be permitted the departure of originals from the Register. The judicial or administrative authorities that require access to the originals must carry out the inspection of the originals in the Public Registry of Copyright.
In the case of works fixed on material supports other than paper, the judicial or administrative authority, the applicant or, where appropriate, the offeror of the test, must provide the technical means to perform the duplication. Any reproductions resulting from the application of this Article may only be used as constances in the judicial or administrative proceedings in question, and
III. Deny the enrollment of:
a) What is not the object of protection under Article 14 of this Law;
b) The works that are in the public domain;
c) What is already enrolled in the Registry;
d) The marks, unless it is at the same time of an artistic work and the person who intends to appear as holder of the copyright is also she;
e) Advertising campaigns and promotions;
f) The registration of any document when there is a marginal annotation, which suspends the effects of the registration, from the notification of a judgment concerning copyright or the initiation of a preliminary investigation, and
g) In general the acts and documents that in their form or in their content contravene or are alien to the provisions of this Law.
Article 165.- The recording of a literary or artistic work cannot be denied or suspended under the assumption of being contrary to morality, respect for life private or public order, except for judicial judgment.
Article 166.- The recording of an artistic or literary work cannot be denied or suspended on the pretext of any political, ideological or doctrinal motive.
Article 167.- When two or more persons request the registration of the same work, it shall be entered in the terms of the first application, without prejudice to the the right to challenge the registration.
Article 168.- The inscriptions in the registry establish the presumption of being true of the facts and acts that they contain, unless proof to the contrary. Any registration leaves the rights of third parties safe. If a dispute arises, the effects of the registration shall be suspended as long as a final decision has been taken by competent authority.
Article 169.- Notwithstanding the provisions of the foregoing Article, acts, conventions or contracts that are granted or held by persons entitled to do so be entered in the register, shall not be invalidated to the detriment of a third party in good faith, even if that registration is subsequently annulled.
Article 170.- The name of the author and, where applicable, the date of his death, nationality and address, the title of the work, the date of disclosure, if it is a work commissioned and the holder of the estate right.
To record a work written under pseudonym, the application will be accompanied by the author's identification data, under the responsibility of the applicant. of the record.
The registry representative shall open the envelope, with witness assistance, when requested by the registrant, the publisher of the work or the rightholders, or by judicial decision. The opening of the envelope will be aimed at checking the identity of the author and his relation to the work. The opening minutes shall be drawn up and the charge shall be issued by the person in charge.
Article 171.- When two to more persons have acquired the same rights in respect of the same work, the authorization or transfer shall prevail in the first place. term, without prejudice to the right to challenge the registration.
Article 172.- When the registry officer detects that the office in charge of the registry has made an error registration, it will initiate a procedure of cancellation or correction of the corresponding registration, respecting the guarantee of the audience of the potential affected.
From Rights to Exclusive Use Reservations
Article 173.- The rights reserve is the right to use and exploit exclusively titles, names, denominations, physical and psychological characteristics. distinctive, or original operating characteristics applied, according to their nature, to any of the following genera:
I. Regular publications: Edited in successive parts with a variety of content and intended to be continued indefinitely;
II. Regular broadcasts: Issued in successive parts, with a variety of content and capable of being transmitted;
III. Human characteristics of characterization, or fictitious or symbolic;
IV. People or groups engaged in artistic activities, and
V. Advertising Promotions: Contemplate a novel and unprotected mechanism to promote and offer a good or a service, with the additional incentive to provide the general public with the possibility of obtaining another good or service, under more favourable conditions than in those normally found in trade; except in the case of commercial advertisements.
Article 174.- The Institute shall issue the respective certificates and register to protect the rights reserves referred to in the Article previous.
Article 175.- The protection covered by the certificate referred to in the previous article, shall not include what is not a matter for the reservation of rights, compliance with Article 188 of this order, even if it forms part of the respective register.
Article 176.- For the granting of rights reserves, the Institute shall have the power to verify the manner in which the applicant intends to use the title, name, name or characteristics object of reservation of rights in order to avoid the possibility of confusion with another previously granted.
Article 177.- The requirements and conditions to be covered for obtaining and renewing the reserves of rights, as well as for the realization of any another procedure provided for in this Chapter shall be laid down in the Rules of Procedure of this Law.
Article 178.- When two or more persons submit to their name a request for a reservation of rights, unless otherwise agreed, all of them shall be entitled to equal parts.
Article 179.- The titles, names, denominations or characteristics object of rights reserves, must be used as they were granted; any variation in its elements will be a reason for a new reservation.
Article 180.- The Institute shall provide the holders or their representatives, or those with legal interest, with simple or certified copies of the resolutions that are issued in any of the granted rights reserve files.
Article 181.- The holders of the rights reserves shall notify the Institute of the transmissions of the rights covered by the certificates corresponding.
Article 182.- The Institute shall perform the annotations and, where appropriate, issue the respective constances in the following cases:
I. When declaring the nullity of a reservation;
II. When a reservation is cancelled;
III. When the expiration proceeds, and
IV. In all cases where by command of competent authority it is required.
Article 183.- Rights reservations will be null when:
I. Be the same or similar in degree of confusion with another previously granted or pending;
II. The data which, according to the regulation, are essential for its granting are false,
III. Be shown to have a better right for a previous, constant and uninterrupted use in Mexico, to the date of granting the reservation, or
IV. They have been granted in contravention of the provisions of this chapter.
Article 184.- The cancellation of the acts issued by the Institute shall be carried out in the case of reservation of rights when:
I. The applicant has acted in bad faith to the detriment of third parties, or in violation of a legal or contractual obligation;
II. The nullity of a reservation has been declared;
III. For contravening the provisions of Article 179 of this Law, confusion is caused with another that is protected;
IV. Be requested by the holder of a reservation, or
V. Be ordered by a firm resolution of competent authority.
Article 185.- Rights reserves will expire when they are not renewed in the terms set forth in this chapter.
Article 186.- The administrative declaration of nullity, cancellation or revocation may be initiated at any time, on its own initiative by the Institute, at the request of party, or the Public Ministry of the Federation when the Federation has any interest. The expiry date referred to in the previous Article shall not require the Institute to make an administrative declaration.
Article 187.- The nullity and cancellation procedures provided for in this chapter shall be substantial and shall be resolved in accordance with the provisions for such the effect of this Regulation is laid down in the Regulation of this Law.
Article 188.- They are not subject to reservation of rights:
I. Titles, names, names, physical or psychological characteristics, or the operating characteristics intended to be applied to any of the genera referred to in Article 173 of this Law, where:
a) For their grammatical, phonetic, visual or conceptual identity or similarity, they may mislead or confusion with a reservation of rights previously granted or processing.
Notwithstanding the above paragraph, equal rights reserves may be obtained within the same genus, when requested by the same holder;
b) Be generic and intend to be used in isolation;
c) Ostenten or the sponsorship of a public or private, national or international society, organization or institution, or any other organization officially recognised, without the corresponding express authorisation;
d) reproduce or imitate without authorization, shields, flags, emblems or signs of any country, state, municipality or equivalent political division;
e) Include the name, pseudonym, or image of any given person, without express consent of the person concerned, or
f) Be the same or similar in degree of confusion with another that the Institute considers notoriously known in Mexico, unless the applicant is the holder of the well-known right;
II. The subtitles;
III. The graphical features;
IV. The legends, traditions, or events that have come to be individualized or are generally known under a name that is characteristic of them;
V. The isolated letters or numbers;
VI. Translation into other languages, whimsical spelling variation or artificial construction of non-reservable words;
VII. The names of persons used in isolation, except those requested for the protection of artistic names, names of artistic groups, human characters of characterization, or symbolic or fictitious in which case shall be in accordance with paragraph (e) of section I of this Article, and
VIII. The names or names of countries, cities, populations or any other territorial, political or geographical division, or their people and their derivations, used in isolation.
Article 189.- The validity of the certificate of the reservation of rights granted to titles of periodicals or periodic broadcasts shall be one year, counted from the date of their issue.
For the case of periodicals, the corresponding certificate shall be issued regardless of any other document required for circulation.
Article 190.- The validity of the certificate of the reservation of rights shall be five years from the date of their issue when it is granted to:
I. Names and distinctive physical and psychological characteristics of characters, both human and fictional or symbolic;
II. Names or denominations of persons or groups engaged in artistic activities, or
III. Original Advertising Promotions Operation Names and Operation Features.
Article 191.- The protection periods for the corresponding rights reserve certificates may be renewed for equal periods of time. This is the exception to advertising promotions, which at the end of their term will become part of the public domain.
The renewal referred to in the preceding paragraph shall be granted after verification of the use of the reservation of rights, which the person concerned presents to the Institute within the period from one month before, up to one month after the day of the expiry of the corresponding rights reserve.
The Institute may deny the renewal referred to in this Article, where the constances displayed by the person concerned, show that the titles, names, Names or characteristics, subject of the reservation of rights, have not been used as they were reserved.
From Collective Rights Management
From Collective Management Societies
Article 192.- Society of collective management is the moral person who, without profit, is constituted under the protection of this Law in order to protect authors and holders of related rights both domestic and foreign, as well as to collect and deliver to the same the amounts that by concept of copyright or related rights are generated in their favor.
The perpetrators of the authors and the holders of related rights, national or foreign, resident in Mexico may be part of management companies collective.
The companies referred to in the preceding paragraphs shall be constituted for the purpose of mutual assistance among their members and shall be based on the principles of collaboration, equality and equity, as well as working with the guidelines that this Law establishes and which makes them public interest entities.
Article 193.- To be able to operate as a collective management company requires prior authorization from the Institute, which will order its publication in the Journal Federation Officer.
Article 194.- The authorization may be revoked by the Institute if there is non-compliance with the obligations that this Law establishes for the collective management or if there is a conflict between the partners themselves that will leave the society with no leadership or leadership, in such a way as to affect the purpose and object of the conflict to the detriment of the rights of the members. In the cases referred to above, a prior warning shall be provided by the Institute, which shall fix a period of not more than three months to correct or correct the facts indicated.
Article 195.- People who are entitled to be part of a collective management company may freely choose to join or not; to choose between exercising their property rights individually, through a proxy or through society.
Collective management companies will not be able to intervene in the collection of royalties when the partners choose to exercise their rights individually in respect of any use of the work or have agreed to direct mechanisms for such recovery.
On the contrary, when the partners have given mandate to the collective management companies, they will not be able to recover the royalties themselves, unless they do so. revoke.
Collective management companies may not impose as mandatory the management of all modes of operation, nor the totality of the work or production future.
Article 196.- In the event that the members choose to exercise their property rights through proxy, the proxy must be a natural person and must have the authorisation of the Institute. The power granted in favour of the proxy shall not be substitutable or delegated.
Article 197.- Members of a collective management company when they opt for the company to be the one that makes the charges on their behalf shall grant this a general power for litigation and collection.
Article 198.- Do not prescribe in favor of the collective management societies and against the partners the rights or the perceptions collected by them. In the case of perceptions or rights for authors from abroad, it will be at the beginning of reciprocity.
Article 199.- The Institute shall grant the authorizations referred to in Article 193 for the following conditions:
I. That the statutes of the applicant collective management company comply, in the Institute's judgment, with the requirements laid down in this Law;
II. Which of the data provided and the information that the Institute may be able to make, it is detached that the collecting society applicant gathers the conditions necessary to ensure the transparent and effective administration of the rights, the management of which is to be entrusted to it, and
III. That the functioning of the collective management society favors the general interests of the protection of the copyright, of the holders of the property rights and related rights holders in the country.
Article 200.- Once the Institute's collective management companies have been authorized, they will be entitled to the terms resulting from their own statutes to exercise the rights entrusted to its management and to enforce them in all manner of administrative or judicial proceedings.
Collective management companies are entitled to file, ratify or desist from a lawsuit or lawsuit on behalf of their members, provided they have power (a) General for litigation and charges with a special clause to file complaints or to withdraw them, issued in his favor and which is registered with the Institute, without the provisions of Article 120 of the Federal Code of Criminal proceedings and without prejudice to the fact that the authors and the rightholders derivatives can be personally supported by the appropriate collective management company. In the case of foreign nationals residing outside the Mexican Republic, it will be established in the respective reciprocity agreements.
Article 201.- All acts, conventions and contracts between the collective management companies and the authors shall be written in writing. property rights or related rights holders, where applicable, as well as between those companies and the users of the works, performances, phonograms, videograms or broadcasts of their partners, as appropriate.
Article 202.- Collective management societies shall have the following purposes:
I. Exercise the heritage rights of its members;
II. Having at home, at the disposal of the users, the repertoires it administers;
III. Negotiate in the terms of the respective mandate the licenses of use of the repertoires they administer with the users, and conclude the respective contracts;
IV. Monitor the use of authorized repertoires;
V. Raise royalties from copyright or related rights to its members, and give them the right to deduct the Company's administrative expenses, provided that there is an express mandate;
VI. Raise and deliver royalties that are generated for the holders of foreign copyright or related rights, by themselves or through the management companies that represent them, as long as there is an express mandate given to the company Mexican management and after deduction of administrative expenses;
VII. Promote or perform care services for the benefit of its members and support activities to promote their repertoires;
VIII. Raise donations for them as well as accept inheritances and legacies, and
IX. The others that correspond to them according to their nature and that are compatible with the previous ones and with the function of the intermediary of their members with the users or before the authorities.
Article 203.- They are obligations of collective management societies:
I. Intervene in the protection of the moral rights of its members;
II. Accept the administration of the property rights or related rights entrusted to them in accordance with their object or purpose;
III. Enroll its constituent act and statutes in the Public Registry of Copyright, once it has been authorized to operate, as well as the rules of collection and distribution, the contracts to be concluded with users and representation with others of the same nature, and the minutes and documents by which the members of the management and supervisory bodies, their administrators and proxies are appointed, all within thirty days following their approval, celebration, choice or appointment, as appropriate;
IV. Give equal treatment to all members;
V. Give equal treatment to all users;
VI. Negotiate the amount of royalties that correspond to the users of the repertoire they administer and, in the event of no agreement, propose to the Institute the adoption of a general fee by presenting the supporting elements;
VII. To render to its associates, annually a breakdown of the amounts of each of its partners has received and copies of the settlements, the amounts that have been sent abroad, and the amounts that are in their possession, to be given to the Mexican authors or to be sent to the foreign authors, explaining the reasons why they are pending to be sent. Such reports shall include the list of the members of the company and the votes they are entitled to;
VIII. Deliver the copyright holders representing, copies of the documentation that is the basis of the corresponding settlement. The right to obtain the proof of settlement documentation is indispensable, and
IX. To liquidate the royalties collected by its conduit, as well as the interest generated by them, within a period not greater than three months, counted from the date on which such royalties have been received by the company.
Article 204.- They are obligations of the collective management society administrators:
I. Take responsibility for compliance with the obligations of the company referred to in the previous article;
II. Reply civil and criminally for the acts performed by them during their administration;
III. Deliver to the partners the copy of the documentation referred to in section VIII of the previous article;
IV. Provide the Institute and other competent authorities with the information and documentation required of the society in accordance with the Law;
V. Support the inspections carried out by the Institute, and
VI. The others to which this Law and the statutes of society refer.
Article 205.- In the statutes of the collecting societies, the following shall be stated at least:
I. The name;
II. The address;
III. The object or purposes;
IV. The classes of rights holders included in the management;
V. The conditions for acquisition and loss of partner quality;
VI. The rights and duties of the partners;
VII. The voting regime:
A) You will set the appropriate mechanism to avoid overfiling members.
B) Invariably, for the exclusion of partners, the voting regime will be one vote per partner and the agreement must be 75% of the votes in attendance. Assembly;
VIII. The governing, administrative, and supervisory bodies of the collective management company and their respective jurisdiction, as well as the rules concerning the convening of the various assemblies, with the express prohibition of the adoption of agreements on matters not on the agenda;
IX. The procedure of choosing the managing partners. No partner may be excluded from the ability to serve as an administrator;
X. The initial assets and the expected economic resources;
XI. The percentage of the amount of resources obtained by the company, which will be allocated to:
a) The administration of the society;
b) Social security programs in society, and
c) Promotion of works by its members, and
XII. The rules to which collection systems are to be submitted. Such rules shall be based on the principle of granting holders of the property rights or related rights they represent, a participation in royalties collected that is strictly proportional to the current, effective and proven use of his works, performances, phonograms or broadcasts.
Article 206.- The rules for the convocations and quorum of the assemblies must be adhered to the provisions of this Law and its regulations and the General Law of Mercantile Companies.
Article 207.- Prior denunciation of at least ten percent of the members of the Institute will require the collecting societies, any type of information and order inspections and audits to verify that they comply with this Law and its regulatory provisions.
From the National Copyright Institute
Article 208.- The National Copyright Institute, the administrative authority on copyright and related rights, is an unconcentrated organ of the Secretariat of Public Education.
Article 209.- These are the functions of the Institute:
I. Protect and Promote Copyright;
II. Promoting the creation of literary and artistic works;
III. Take the Public Registry of Copyright;
IV. Keep your historical acquis updated, and
V. Promote international cooperation and exchange with institutions responsible for the registration and protection of copyright and related rights.
Article 210.- The Institute has powers to:
I. Conduct investigations into alleged administrative violations, carry out inspection visits, and require reports and data;
II. To request the competent authorities to practice inspection visits;
III. Order and execute interim acts to prevent or terminate copyright infringement and related rights;
IV. Impose administrative penalties that are coming, and
V. The others that correspond to it in the terms of this Law, its regulations and other applicable provisions.
Article 211.- The Institute will be in charge of a Director General who will be appointed and removed by the Federal Executive, through the Secretary of Education Public, with the powers provided for in this Law, in its regulations and other applicable provisions.
Article 212.- Fees for the payment of royalties shall be proposed by the Institute at the express request of the collecting societies or the users respective.
The Institute shall analyse the application taking into account the uses and customs in the field concerned and the tariffs applicable in other countries for the same concept. If the Institute is in principle in accordance with the tariff for which it is requested, it shall publish it as a project in the Official Journal of the Federation and give the persons concerned a period of 30 days to formulate observations. If there is no opposition, the Institute shall propose the tariff and its publication as definitive in the Official Journal of the Federation.
If there is opposition, the Institute will make a second analysis and propose the fee that is to be considered, through its publication in the Official Journal of the Federation.
Of The Procedures
From The Procedure To Judicial Authorities
Article 213.- The Federal Courts will be aware of the disputes arising out of the application of this Law, but when such controversies only affect particular interests, they will be able to know about them, at the choice of the actor, the courts of the States and the Federal District.
The civil actions that are exercised shall be founded, dealt with and resolved in accordance with the provisions of this Law and its regulations, the Federal Code being supplanted. Civil Proceedings before Federal Courts and common legislation before the Courts of the Common Order.
For the exercise of the actions arising out of this Law and its Rules of Procedure it will not be necessary to exhaust any procedure or prior action as a condition for the exercise of such actions.
Article 214.- At any trial in which a record, annotation or registration is contested, the Institute shall be a party and may only be aware of the federal courts.
Article 215.- It is for the Court to know the Courts of the Federation of the offences related to the copyright as provided for in the Title Twenty-sixth of the Criminal Code for the Federal District in Materia de Fuero Común and for the entire Republic of Federal Fuero.
Article 216.- The judicial authorities will release the Institute with the initiation of any copyright judgment.
The Institute shall also be sent an authorized copy of all final decisions that in any way modify, impose, extingan or confirm copyright. on certain works or works. In view of these documents the provisional or final entries that correspond will be made in the register.
Article 216 bis.- The repair of material and/or moral damage as well as damages for damages for violation of the rights conferred by this Law in no case shall be less than forty per cent of the selling price to the public of the original product or of the original provision of any kind of services involving violation of any or some of the rights protected by this Act.
The judge with a hearing of experts shall fix the amount of compensation for the damage or compensation for damages in cases where his or her determination according to the preceding paragraph.
For the purposes of this Article, moral damage is understood to cause the violation of any of the rights referred to in Fractions I, II, III, IV and VI Article 21 of this Law.
The Avence Procedure
Article 217.- People who consider that they are affected in any of the rights protected by this Law may choose to enforce the legal actions which correspond to them or be subject to the compromise procedure.
The administrative procedure of compromise is that which is brought before the Institute, at the request of some of the parties to settle a conflict in a friendly manner arising out of the interpretation or application of this Law.
Article 218.- The administrative procedure of compromise will be carried out by the Institute according to the following:
I. It shall be initiated with the complaint, which in writing before the Institute is deemed to be affected by its copyright, related rights and other rights protected by this Law;
II. With the complaint and its attachments, the party against which it is filed shall be given the view, in order for it to be answered within ten days of the notification;
III. The parties will be summoned to an agreement, warning them that if they do not attend, they will be imposed a fine of one hundred and fifty days of general minimum wage in force in the Federal District. Such a meeting shall be held within twenty days of the filing of the complaint;
IV. On the respective board the Institute will try to agree to the parties to reach a settlement. If both parties are to accept it, the agreement may be deferred as often as they are necessary in order to achieve conciliation. The agreement signed by the parties and the Institute shall have the status of res judicata and enforceable title;
V. During the meeting, the Institute will not be able to make any determination on the substance of the matter, but it will be able to participate actively in the reconciliation;
VI. In case of failure to reach agreement, the Institute will urge the parties to engage in the arbitration provided for in Chapter III of this Title;
The actions within this procedure will be of a confidential nature and, therefore, the constances of the proceedings will only be made to the parties of the conflict or the competent authorities requesting them.
Of The Arbitration
Article 219.- In the event that any dispute arises over the rights protected by this Law, the parties may submit to an arbitration procedure, the which shall be regulated in accordance with the provisions of this Chapter, its regulatory provisions and, in an additional manner, those of the Trade Code.
Article 220.- The parties may agree to submit to an arbitration procedure by:
I. Commitment clause: The arbitration agreement included in a contract concluded with works protected by this Law or in an independent agreement referred to all or certain controversies that may arise in the future between them, and
II. Arbitration commitment: The agreement to submit to the arbitration procedure when all or certain disputes have already arisen between the parties at the time of their signature.
Both the arbitration clause and the arbitration obligation must be invariably written in writing.
Article 221.- The Institute will publish in the month of January each year a list of persons authorized to serve as arbitrators.
Article 222.- The arbitration group will be formed as follows:
I. Each party shall elect an arbitrator from the list provided by the Institute;
II. Where more than two parties are present, they shall be agreed between them for the appointment of the arbitrators, in the event that there is no agreement, the Institute shall appoint the two arbitrators, and
III. Between the two arbitrators appointed by the parties they shall elect from their own list to the group president.
Article 223.- To be designated arbiter is required:
I. Be Licensed in Law;
II. Enjoy recognized prestige and honorability;
III. For the past five years I have not lent your services in any collective management society;
IV. Not having been a lawyer for any of the parties;
V. Not having been sentenced for felony pain;
VI. Not to be a consanguine relative or an affinity of either party to the fourth grade, or to the managers in case of a moral person, and
VII. Not being a public server.
Article 224.- The maximum time limit for the arbitration shall be 60 days, which shall begin to be computed from the day following the date indicated in the document containing the acceptance of the arbitrators.
Article 225.- The arbitral proceedings may be concluded with the award that is terminated or by agreement between the parties before it is issued.
Article 226.- Arbitration group awards:
I. They will be written in writing;
II. They will be definitive, unappealable and mandatory for the parties;
III. Must be founded and motivated, and
IV. They will have the character of res judicata and executive title.
Article 227.- Within five days of notification of the award, either party may require the arbitration panel, notifying in writing to the Institute and the other party, which clarifies the resolution points of the mime, rectify any error of calculation, typographical or any other of similar nature, as long as the sense of the same is not modified.
Article 228.- The expenses arising from the arbitral proceedings shall be borne by the parties. The payment of fees from the arbitration panel shall be covered under the annual tariff issued by the Institute.
From Administrative Procedures
From the Infrastructures in Matter of Copyright
Article 229.- These are copyright violations:
I. Celebrate the publisher, employer, producer, employer, broadcaster or licensee of a contract which aims at the transfer of copyright in contravention of the provisions of this Law;
II. Infringe upon the licensee the terms of the compulsory license that would have been declared in accordance with Article 146 of this Law;
III. Ostend as a collective management company without having obtained the corresponding registration with the Institute;
IV. Not to provide, without justified cause, to the Institute, being the administrator of a collective management company, the reports and documents referred to in Articles 204, fraction IV and 207 of this Law;
V. Do not insert in a published work the particulars referred to in Article 17 of this Law;
VI. Skip or insert the data referred to in Article 53 of this Law into an edition;
VII. Omit or insert with falsehood the particulars referred to in Article 54 of this Law;
VIII. Do not insert in a phonogram the particulars referred to in Article 132 of this Law;
IX. Publish a work, being authorized to do so, not to mention in the copies of it the name of the author, translator, compiler, adapter or arranger;
X. Publish a work, being authorized to do so, with impairment of the author's reputation as such and, if any, the translator, compiler, arranger or adapter;
XI. Publish before the Federation, the States or the Municipalities and without authorization the works done in the official service;
XII. Employ dolously in a work a title that leads to confusion with another published previously;
XIII. Set, represent, publish, carry out any communication or use in any form a literary and artistic work, protected according to the Chapter III, Title VII, of this Law, without mentioning the community or ethnicity, or in its case the region of the Mexican Republic of which it is its own, and
XIV. The others that arise from the interpretation of this Law and its regulations.
Article 230.- Copyright infringements shall be sanctioned by the Institute in accordance with the provisions of the Federal Law of Procedure Administrative with fine:
I. Of five thousand to fifteen thousand days of minimum wage in the cases provided for in fractions I, II, III, IV, XI, XII, XIII and XIV of the previous article, and
II. Of a thousand up to five thousand days of minimum wage in the other cases provided for in the previous article.
An additional fine of up to five hundred days of minimum wage per day will be applied to those who persist in the infringement.
Of The Infractions on Trade Matters
Article 231.- Constitute trade violations of the following conduct when conducted for direct or indirect profit:
I. Communicate or publicly use a work protected by any means, and in any way without the prior and express permission of the author, legitimate heirs or the owner of the copyright;
II. Use the image of a person without their authorization or that of their successors;
III. Produce, reproduce, store, distribute, transport, or market copies of works, phonograms, videograms or books, protected by the rights of author or related rights, without the authorization of the respective holders in the terms of this law;
IV. Offer for sale, store, transport or put into circulation works protected by this Law that have been deformed, modified or mutilated without authorisation of the copyright holder;
V. Import, sell, lease, or perform any act that allows to have a device or system whose purpose is to disable electronic devices protection of a computer program;
VI. Retransmit, fix, reproduce and disseminate to the public broadcasts of broadcast organisms and without proper authorization;
VII. Use, reproduce or exploit a protected rights reserve or a computer program without the consent of the holder;
VIII. Use or exploit a name, title, denomination, physical or psychological characteristics, or operating characteristics in such a way as to induce error or confusion with a protected rights reserve;
IX. Use the literary and artistic works protected by Chapter III, Title VII of this Law in contravention of the provisions of the article 158 of the same, and
X. Other violations of the provisions of the Law involving conduct at commercial or industrial scale related to works protected by this Law.
Article 232. The trade violations provided for in this Law will be sanctioned by the Mexican Institute of Industrial Property with fine:
I. Of five thousand up to forty thousand days of minimum wage in the cases provided for in fractions I, III, IV, V, VII, VIII and IX of the previous article,
II. Of a thousand up to five thousand days of minimum wage in the cases provided for in fractions II and VI of the previous article, and
III. Of five hundred to one thousand days of minimum wage in other cases referred to in the X fraction of the previous article.
An additional fine of up to five hundred days of general minimum wage per day will be applied to those who persist in the infringement.
Article 233.- If the offender is an editor, broadcaster, or any natural or moral person who exploits works on a commercial scale, the fine may be increase by up to fifty percent of the amounts provided for in the previous Article.
Article 234.- The Mexican Institute of Industrial Property will sanction trade violations in accordance with the procedure and formalities provided for in the Sixth and Seventh Titles of the Industrial Property Law.
The Mexican Institute of Industrial Property may adopt the precautionary measures provided for in the Industrial Property Law.
For this purpose, the Mexican Institute of Industrial Property will have the powers to carry out investigations; order and practice inspection visits; require information and data.
Article 235.- The Federal Courts in any case and the Mexican Institute of Industrial Property, dealing with trade violations, have the power to issue a decision to suspend the free movement of goods from foreign origin at the border, in accordance with the provisions of the Customs Law.
Article 236.- For the application of the penalties referred to in this Title, the minimum wage in the District of the District shall be deemed to be the minimum wage. Federal on the date of the commission of the infringement.
From Administrative Impeachment
Article 237.- Those affected by the acts and resolutions issued by the Institute to terminate an administrative procedure, to an instance or to resolve a file, may institute review proceedings under the terms of the Federal Administrative Procedure Act.
Article 238.- The interested parties affected by the acts and resolutions issued by the Mexican Institute of Industrial Property for the violations in the field of trade that ends an administrative procedure, an instance or a case-file, may institute the means of defense established in the Law of Industrial Property.
FIRST.- This Law will take effect within ninety days of publication in the Official Journal of the Federation.
SECOND.- The Federal Law on Copyright published in the Official Journal of the Federation on December 29, 1956, its reforms and additions published in the Official Journal of the Federation on December 21, 1963 and its subsequent reforms and additions.
THIRD.- The moral persons currently registered in the Public Registry of Copyright, who have the character of authors or artists ' societies interpreters or performers, may adjust their statutes as provided for in this Law within 60 working days of their entry into force.
FOURTH.- The administrative review resources that are in the process, at the entry into force of this Law, will be resolved in accordance with the Federal Law of Copyright to be opened.
QUINTO.- The procedures of agreement initiated under the applicable Federal Copyright Law shall be substantiated in accordance with the law, except those whose initial notification has not been made at the time of entry into force of this Law, which shall be subject to this Act.
SIXTH.- The reserves of rights granted under the applicable Federal Copyright Act will continue in force in the terms stated in the itself, but the simple verification of use of the reservation, whatever its nature, will subject the same to the provisions of this Law.
The reserves of rights provided for in the Federal Copyright Law which is repealed and which are not provided for in this Law, will remain insistent once exhausted the time limits for the protection referred to in the Act.
SEVENTH.- The human resources with which the Directorate General of Copyright currently counts, will become part of the National Institute of Law of Author. Workers ' rights shall be respected in accordance with the law and shall in no case be affected by the provisions contained in this Law.
EIGHTH.- The financial and material resources that are assigned to the General Directorate of Copyright will be reallocated to the National Institute of Law Author, with the intervention of the General Office of the Secretariat of Public Education and in accordance with the provisions that the Secretary of Public Education will dictate to the effect.
NINTH.- Within 30 days after the entry into force of this Law, the Institute shall issue the list of arbitrators and the tariff of the arbitral procedure, the which for this only time will be valid until 31 December 1997.
Mexico, D.F., at 5 December 1996.-Dip. Sara Esther Muza Simon, President.-Sen. Laura Pavon Jaramillo, President.-Dip. Jose Luis Martinez Alvarez, Secretary.-Sen. Angel Ventura Valle, Secretary.-Rubicas."
In compliance with the provisions of Article 89 of the Political Constitution of the United Mexican States, and for their due publication and observance, I request the present Decree at the residence of the Federal Executive Branch, in Mexico City, Federal District, at the eighteen days of December of a thousand nine hundred and ninety-six.- Ernesto Zedillo Ponce de León.-Heading.-The Secretary Government, Emilio Chuayffet Chemor.-Heading.
DECREE adding fraction VIII to Article 148 of the Federal Law of Copyright.
Published in the Official Journal of the Federation on March 17, 2015
Article Unique.- The VIII fraction is added to Article 148 of the Federal Law of Copyright, to remain as follows:
Unique.- This Decree shall enter into force on the day following that of its publication in the Official Journal of the Federation.
Mexico, D.F., 10 February 2015.-Sen. Miguel Barbosa Huerta, President.-Dip. Silvano Aureoles Rabbit, President.-Sen. Lilia Guadalupe Merodio Reza, Secretary.-Dip. francsca Elena Corrales Corrales, Secretary.-rubrics."
In compliance with the provisions of Section 89 of the Political Constitution of the United Mexican States, and for their due publication and observance, I request this Decree in the Federal Executive Branch, in Mexico City, Federal District, to ten March of two thousand fifteen.- Enrique Peña Nieto.-Heading.-The Secretary of the Interior, Miguel Angel Osorio Chong.- Heading.