MEXICO Law and Practice Contributed by: Luis Álvarez Cervantes, Adolfo Athié Cervantes, Alejandro Barrera, Jesús Colunga, Eduardo Kleinberg, Juan José López de Silanes, Carlos Martínez-Betanzos and Amílcar Peredo, Basham, Ringe y Correa S.C.
Monuments and Indigenous Communities Works declared as monuments by the Mexican gov - ernment, including those of Diego Rivera and Frida Kahlo cannot be reproduced without authorisation from either the National Institute of Anthropology and History or the National Institute of Fine Arts, even if the copyright term has expired. The legal landscape for works originating from indig - enous communities has changed substantially in recent years. Today, works that incorporate elements from the identity or culture of indigenous communities cannot be legally used without authorisation of the respective community, even if they do not have an identifiable author. 7.5 Others Reservations of Rights Mexico has a sui generis form of protection that can be granted over the following: • titles of periodical publications, both printed and electronic; • titles of periodic broadcasts such as television shows and radio shows; • names and characteristics of characters; • artistic names or stage names for individuals or groups; and • novel mechanisms for promoting products or ser - vices. This form of protection is a reservation of rights which is granted by the National Copyright Institute by filing an application. The protection will last five renewable years for characters and artistic names, five non- renewable years for mechanisms for promoting prod - ucts or services and one year for titles. In the particular case of printed publications such as magazines, the reservation of rights is a requirement
to copyright with the National Copyright Institute. The facts mentioned in certificates issued by this govern - ment agency are presumed to be true, which facili - tates enforcement by giving the potential plaintiff a document that can attest to the existence and owner - ship of the copyright. Registration is simple and the analysis is just on the proper filling of the forms and the submission of the appropriate documents. Usually registration takes four to eight weeks at most. Moral Rights Mexico recognises moral rights of the author. These are perpetually bound to the author and their heirs, and they cannot be assigned or waived. Related Rights Mexico recognises related rights of performers and interpreters, producers of sound recordings, produc - ers of video recordings, book editors and broadcast - ers. Enforcement The owner of a copyright can initiate proceedings before the IMPI to have an infringer punished with a fine. Preliminary injunctions can be sought by showing a prima facie infringement is occurring or is imminent and posting a bond to cover the damages caused to the defendant if the plaintiff does not prevail on the merits. Similarly to the enforcement of a trade mark, the defendant is allowed to contest the injunction by posting a bond. The injunction may become perma - nent in the final decision of the case. In addition to the fine, the plaintiff may seek an award for damages from a civil judge. Certain infringements made for profit can also consti - tute federal crimes. Limitations and Defences Mexico does not have the “fair use” defence which is available in other jurisdictions. The cases in which a work may be reproduced or communicated with - out authorisation from the copyright holder are very limited.
to obtain the ISSN number. Databases and Software
Software is protected just as any other copyrighted work. Non-original databases are protected for five years. Databases that are original due to the selection of the contents or disposition are protected just like any other work.
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