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We refer to the exclusive faculties to decide between keeping the unpublished creation or disclosing it; demand his authorship credit, and conversely, oppose being credited with the authorship of a work that he has not created; oppose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

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.

As the original owner of the proprietary rights of the author, as long as he does not transfer them; the author-creator may authorize, among others, the following conducts: reproducing and printing your work in copies or copies; publicly communicating your work to a plurality of persons (e.g., using telecommunications on the Internet); publicly transmitting your work by radio, television or cable; distributing copies or copies of your work; importing copies of your work (made without your written authorization) into the country; the disclosure of derivative works such as translations, transformations and adaptations; and, any public use of your work, except in those cases in which (exceptionally) any of the limitations to the author's economic rights apply (such as the -brief- quotation of a text indicating the source).

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).

Such registrations are declaratory and presumptive; that is, they establish a legal presumption of the veracity of the declared authorship and ownership of the work at the time of registration, but such registration may be challenged by any person who proves the contrary of such declared data. Thus, the valid registration of a work protected by copyright can only be made by the author (or any of the co-authors if there are several), or by those persons to whom the author (or authors) has transmitted in writing his (or their) economic 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.

Up to this point, we have referred to the public registry of works but do not neglect the services of private and digitized registry of works, that can complement such public records in various ways; that is, they are not mutually exclusive records but complement each other perfectly and are highly recommended for the reliable documentation of certain artistic and literary productions.

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.

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.

Nevertheless, the Ley Federal del Derecho de Autor includes in the musical edition contract the assignment of a wide range of powers; it is lawful to limit/restrict such powers, as it is also lawful to expand the powers that are subject to assignment in this type of music publishing contract; restricting or expanding such powers depends on the agreement that the parties freely decide to reach in such music publishing contract. It is also advisable to proceed to register it in the public registry when possible.

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.

In this type of contract, we generally speak of a formal agreement for the representation of theatrical works. It is increasingly common to combine this type of contract with audiovisual production contracts, aimed at exploiting or promoting the careful recording of such performances.

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.

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.

In this type of contracts, public registration is especially important in order to be able to prove to both the authorized distributor and the end buyers, the legitimate origin of the software copies that are the object of the sale.

Please contact us for a no-obligation consultation of our rates for the drafting and registration of publishing contracts and other author's contracts in Mexico, before the Registro Público del Derecho de Autor (INDAUTOR).