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Copyright

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Copyright for the Protection of Literary and Artistic Works

Derechos de autor en México

What is the Copyright?

"Copyright"; It is a human right (fundamental for the dignity of the person) and also a recognition that in Mexico the state makes in favor of the authors who create literary and artistic works that are original by such creators, from the moment they fix their work ( its original creation) on a physical medium (without the need for registration); so that they enjoy various exclusive copyright (moral and patrimonial); with the last of safeguarding and promoting the cultural heritage of the Nation, that is, with the purpose of encouraging the production of literary and artistic works.

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What is the moral copyright?

Protect the integrity, honor and reputation of the author, it is considered perpetually linked to the author, in Mexico, it is not transferable.

We refer to the exclusive faculties to decide between keeping the unpublished creation or disclosing it; demand his authorship credit, and conversely, oppose being credited with the authorship of a work that he has not created; oppose the mutilation of his work; modify it; and withdraw it from the trade.

What are the patrimonial copyright and how long?

The economic rights of the author or creator of a work, which empowers to use or exploit it (for profit), exclusively; by himself or through third parties authorized.

The exclusive economic rights over the work empower the author to grant licenses for use or transfer their economic rights . In Mexico, patrimonial rights of author have a duration that covers the entire life of the author, and after his death 100 more years.

How and why copyright is recorded?

In Mexico, works protected by copyright are registered by carrying out the corresponding registration process before the Public Registry of Copyright located in the Institute National Copyright (INDAUTOR).

The reason for registering copyright

Ensure authorship and ownership of the work ; Because copyright is recognized without the need for registration, it is a highly conflictive right that can easily lead to settling the authorship and / or ownership controversy in a costly process before the courts; litigation that in many cases would have been avoided if the work had been duly registered before it was released.

What works does copyright protect?

Those branches of original works by one or more authors, listed in a non-exhaustive manner by the Federal Copyright Law :

  • Literary works (including any type of original writing, either narrative o scientific)
  • Musical works, with or without lyrics
  • Dramatic works (including theatrical works)
  • Dances
  • Pictorial works or drawings
  • Sculptures and works of three-dimensional art (including plastic arts)
  • Caricature and short stories
  • Architectural works (including plans, sketches, and the design of architectural interiors)
  • Cinematographic and other audiovisual works
  • Radio and television programs
  • Computer programs (also known as software)
  • Photographic works
  • Works of applied art (including works of graphic or textile design)
  • Works of compilation, consisting of collections of works such as encyclopedias, anthologies and works or other elements like databases, provided that the said collections constitute intellectual creations by reason of the selection or arrangement of their contents or subject matter.

As well as other original/creative works which, by analogy, may be considered literary or artistic works; and shall be included in the category that most closely corresponds to their nature under copyright protection.

We have the necessary experience to complete the official registration before the Public Registry of Copyright under the Mexican Copyright Office (INDAUTOR); as well as to make private registrations, to provide a very quick and useful digital stamp on such works. Among the original works that we frequently register are web pages and commercial catalogs.

Redacción y Registro de Contratos de Edición Literaria, de Edición Musical, de Producción Audiovisual, de Representación Escénica, y de Licencia de Uso y Distribución de Software

¿Qué es contrato de edición literaria?

It is a formal, written and signed agreement that is entered into by the author or authors (natural persons) of a work of text called a literary work, forcing themselves to deliver a certain work of their original creation within a specified period; and on the other hand, the publisher or publishers (natural or legal persons) who undertake to prepare the composition of a printed or digital book containing said work, in order to reproduce, distribute and sell a number of copies in one or more editions , in exchange for a consideration (remuneration) fixed and / or proportional to the exploitation, for the author or authors of the literary work object of the edition. It is the agreement between a text author and a book publisher to publish and distribute the proposed book for sale.

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What is the music publishing contract?

It is a formal, written and signed agreement that is entered into by the author or authors (natural persons) of a work of text called a literary work, forcing themselves to deliver a certain work of their original creation within a specified period; and on the other hand, the publisher or publishers (natural or legal persons) who undertake to prepare the composition of a printed or digital book containing said work, in order to reproduce, distribute and sell a number of copies in one or more editions , in exchange for a consideration (remuneration) fixed and / or proportional to the exploitation, for the author or authors of the literary work object of the edition. It is the agreement between a text author and a book publisher to publish and distribute the proposed book for sale.

What is the stage performance contract?

It is a formal, written and signed agreement that is entered into by the author or authors (natural persons) of a work of text called a literary work, forcing themselves to deliver a certain work of their original creation within a specified period; and on the other hand, the publisher or publishers (natural or legal persons) who undertake to prepare the composition of a printed or digital book containing said work, in order to reproduce, distribute and sell a number of copies in one or more editions , in exchange for a consideration (remuneration) fixed and / or proportional to the exploitation, for the author or authors of the literary work object of the edition. It is the agreement between a text author and a book publisher to publish and distribute the proposed book for sale.

What is the audiovisual production contract?

It is a formal, written and signed agreement that is entered into by the author or authors (natural persons) of a work of text called a literary work, forcing themselves to deliver a certain work of their original creation within a specified period; and on the other hand, the publisher or publishers (natural or legal persons) who undertake to prepare the composition of a printed or digital book containing said work, in order to reproduce, distribute and sell a number of copies in one or more editions , in exchange for a consideration (remuneration) fixed and / or proportional to the exploitation, for the author or authors of the literary work object of the edition. It is the agreement between a text author and a book publisher to publish and distribute the proposed book for sale.

What is the software distribution and use license agreement?

It is a formal, written and signed agreement, signed on the one hand by the owner of the economic rights over a computer program (originally the author or programming authors), who are obliged to deliver and sometimes to keep a certain number of copies updated. or copies of software; and on the other hand, the exclusive or non-exclusive licensee who is obliged to distribute such copies or copies to third parties to whom he is empowered to grant licenses for non-exclusive use, in exchange for a fixed and / or proportional consideration in favor of the owner of the rights. , for the sale of the software to such third parties.

Entertainment Law: Legal Review of Scripts and Audiovisual and Radio Productions

Legal review of scripts and programs

Approval of radio and television projects

We are specialists in legal review of scripts and programs , get in touch to find out our rates for legal review of intellectual property issues; related to copyright, related rights, reservations of rights and trademarks, in the review of scripts and radio and television programs.

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