MEXICO Law and Practice Contributed by: Gabriela Pellón, Mario Eduardo Valencia, Irma Ross, Ana Elena Domínguez and Fernando Rodríguez, Galicia Abogados, S.C.
1. Art Law Framework 1.1 Relevant Authorities and Legislation In Mexico, the main rules for cultural heritage and art are in the Mexican Constitution ( Constitución Política de los Estados Unidos Mexicanos ), particularly Arti - cle 27, which establishes that archaeological heritage belongs to Mexico, and Article 4, which recognises the right to culture. The relevant legal framework is the Federal Law on Archaeological, Artistic and Historic Monuments and Zones ( Ley Federal sobre Monumentos y Zonas Arqueológicos, Artísticos e Históricos , or FLAHAM) and its Regulations. These laws outline which objects and sites are protected, the permits required for con - servation and the restrictions on export. It is important to mention that archaeological objects are inalienable and cannot be privately owned, while artistic and his - toric monuments may be privately owned but remain subject to control by the Mexican government. Other relevant laws include the General Law on Cul - ture and Cultural Rights ( Ley General de Cultura y Derechos Culturales ), which recognises cultural rights, and the General Law of National Assets ( Ley Gen- eral de Bienes Nacionales ), applicable when cultural • the Federal Copyright Law ( Ley Federal del Dere- cho de Autor , or LFDA), which regulates copyright protection over artistic works (including visual arts, photography, and applied arts), including moral and patrimonial rights, limitations and exceptions, and specific rights such as the artist’s resale right; • the Federal Law for the Protection of the Cultural Heritage of Indigenous and Afro-Mexican Peoples and Communities ( Ley Federal de Protección del Patrimonio Cultural de los Pueblos y Comunidades Indígenas y Afromexicanas ), which establishes collective rights over indigenous cultural heritage, requiring previous consent for its use and address - ing matters such as cultural appropriation; and • the Federal Law for the Protection of Industrial Property ( Ley Federal de Protección a la Propie- dad Industrial or LFPPI), which is relevant for trade objects are considered federal property. Moreover, the legal framework includes:
marks, designs and the commercialisation of artis - tic products. Customs legislation, particularly the Customs Law ( Ley Aduanera ), and the Federal Criminal Code ( Código Penal Federal ) are also relevant to art law, as they regulate the export of cultural goods and impose sanctions for trafficking, damage or illicit excavation of heritage objects. The relevant authorities are: • the Ministry of Culture ( Secretaría de Cultura ), which co-ordinates national cultural policy; • the National Institute of Anthropology and History ( Instituto Nacional de Antropología e Historia , or INAH), responsible for archaeological and historic heritage; and • the National Institute of Fine Arts and Literature ( Instituto Nacional de Bellas Artes y Literatura , or INBAL), which supervises artistic monuments and authorises their reproduction or modification. Additional relevant authorities include: • the National Copyright Institute ( Instituto Nacional del Derecho de Autor , or INDAUTOR), which con - trols copyright registration and protection of artistic works; • the Mexican Institute of Industrial Property ( Insti- tuto Mexicano de la Propiedad Industrial , or IMPI), which handles industrial property rights such as trade marks and designs relevant to the art market; and • customs authorities, which enforce legal provisions related to cultural property, including illicit trading.
2. Rights to Artworks 2.1 Artists’ Rights Over Their Art
Under the LFDA, an artist holds both moral rights and patrimonial (economic) rights over a piece of artwork. Moral rights are perpetual, inalienable and impre - scriptible, and cannot be waived. They allow the author, at all times, to:
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