MEXICO Law and Practice Contributed by: Victor Adames, Carlos Hernandez and Paola Becerril, Becerril, Coca & Becerril
3.6 Collective Rights Management Systems Collective rights management systems exist in Mexico for music, publishing, visual arts, audiovisual works, photography, design, interpreting, the plastic arts, and writers. In Mexico, collective rights management systems constitute partnerships, whose authorisations to be incorporated are granted by the INDAUTOR. 3.7 Copyright Registration No registration over a copyright is needed for its pro - tection. However, having a certificate of acknowledge - ment of copyrights (i) grants the author a public docu - ment ensuring their capacity as author, (ii) guarantees that the work in question will be permanently safe - guarded by INDAUTOR and (iii) allows for the publicity of the same. Any person having an interest in the recognition of a work, such as the author or holder of the economic rights of a work can register. It is not necessary to be represented by an attorney to prosecute and obtain this registration. To apply for the registration of certain work, the appli - cant (author/economic rights holder) must file the for - mat currently in force before INDAUTOR and if this applicant is the economic rights holder of a work, the applicant has to evidence its legal interest for doing so. 3.8 Copyright Application Requirements Materials Depending on the work that is to be registered, the requirements for materials may vary. However, in gen - eral, the following requirements are meant to be met and expressed within the filing of the application for registration of a copyright: • the author’s name; • their nationality;
• the co-authors and their percentage of participa - tion, if any; • the name of the economic rights title holder; • the percentage of their participation; • the name of the work; • a synthesis of the work; • the type of work; • confirmation of whether the work has been com - municated; • the date of any such communication; • whether the work is derivative; • two specimens of the work; and • if the economic rights title holder is an entity, evi - dence its existence. Filing Fees The official fee for the recordal of works is about USD20. The official fee for reservation of rights ranges from USD100 to USD300, depending on the type of res - ervation. 3.9 Refusal of Registration The INDAUTOR may refuse copyright registration on absolute grounds if it is an attempt to register the fol - lowing: • isolated ideas, formulas, solutions, concepts, methods, systems, principles, discoveries, pro - cesses and inventions; • industrial or commercial use of the ideas contained in the work; • schemes, plans or rules for performing mental acts, games or business; • letters, digits or isolated colours; • isolated names, titles or phrases; • simple formats in blank for their filing • legislative, judicial and/or administrative texts, as well as their official translations; • informative contents of news; and/or • common use information such as sayings, legends, proverbs, facts, calendars and metric scales. The aforementioned categories are expressly men - tioned by the FCL as not copyrightable.
• their date of birth; • their place of birth; • their gender; • their domicile; • their tax ID;
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