VADILLO & KING
Interpretation and enforcement of related rights
Related Rights of Book Publishers and Periodical Publications, Artistic Performers, Producers of Phonograms and Videograms, and Broadcasting Organizations
Related or Neighboring Rights
Under Mexican Law, the so-called "Related" or "Neighboring" Rights, are exclusive rights that the same Copyright Law recognizes to:
- The Publishers on their editions of books and periodicals;
- Artistic Performers on their interpretations (such as actors, narrators and singers) and other artistic performances such as instrumental musicians;
- Producers of Phonograms on their sound recordings;
- Producers of Videograms on their videographic editions incorporating audiovisual works, or visual works without audio;
- As well as to the Broadcasting Organizations on their concessioned radio or television broadcasts.
Of all the above-mentioned related rights; in the Mexican industry, performers' contracts as well as the contracts for phonographic productions take on special importance, never neglecting the registration of such phonographic productions.
Protection of Related Rights
It is not unusual for musical groups to disregard the contracts of their phonographic productions, as well as the rules of use of trademarks and reservation of rights for the exclusive use over their names, which will often lead to conflictive settlements at the time of an eventual separation.
On the other hand, the publishing industry deserves a special attention with regard to digital editions, "prints on demand", and technological protection measures to avoid illegal copies and unauthorized downloads. All of which increasingly affects the authors and publishers, who should neither neglect issues of co-authorship (for example, between the author of the text and the author of the illustrations), and all other aspects of editorial design, as well as the distribution through trustful literary agents.