MEXICO Law and Practice Contributed by: Gabriela Pellón, Mario Eduardo Valencia, Irma Ross, Ana Elena Domínguez and Fernando Rodríguez, Galicia Abogados, S.C.
3.4 Using Copyrighted Images To use images of artworks protected by copyright, authorisation must generally be obtained from the holder of the patrimonial rights (which may be the author, heirs or an assignee). Permission is typi - cally granted through a licence agreement specify - ing the scope of use (eg, reproduction, distribution, public communication, digital use), territory, duration and compensation. In some limited cases, statutory exceptions apply (such as reproduction for criticism, research, private use (without profit) or reproduction of works permanently visible from public places) pro - vided that the normal exploitation of the work is not affected and the source is cited. Outside these excep - tions, prior authorisation is required to avoid infringe - ment liability. 4. Authentication of Artworks 4.1 Posthumous Rights to Authenticate Artwork No response has been provided in this jurisdiction. 4.2 Art Authentication No response has been provided in this jurisdiction. 4.3 Legal Remedies Following a Declaration of Inauthenticity No response has been provided in this jurisdiction. In Mexico, there is no legal definition of “cultural herit - age”; however, the Mexican Constitution provides the fundamental provisions for cultural heritage protec - tion. Article 27 establishes that archaeological herit - age belongs to Mexico and is subject to federal con - trol, while Article 4 recognises the right to culture and access to cultural goods and services. Under Mexican law, cultural heritage is primarily understood as archaeological, historical and artistic goods of national significance, protected by federal law. The principal legislation governing this matter 5. Cultural Heritage 5.1 Defining Cultural Heritage
cannot be less than 40% of the public sale price of each infringing product or service. Criminal liability may arise in cases involving wilful infringement for profit. Additionally, precautionary measures (such as seizure of infringing goods) may be ordered. These remedies are cumulative and may be pursued simul - Although copyright protection arises automatically upon the creation and fixation of the work, registra - tion provides evidentiary advantages. Registration is carried out before INDAUTOR, which administers the Public Copyright Registry. The applicant must submit an application form, copies of the work and identifi - cation documents, and pay the corresponding gov - ernment fees. Once recorded, INDAUTOR issues a certificate. 3.3 Resale Right Article 92 Bis of the LFDA recognises the artist’s resale right ( droit de suite ) in Mexico, granting authors of plastic and photographic works the right to receive a participation in the price of any resale of their origi - nal works carried out at public auction, through a commercial establishment or with the intervention of a dealer or commercial agent, excluding works of applied art. The amount of such participation is deter - mined by the Mexican Copyright Office pursuant to Article 212 of the Law. This right is irrevocable and non-waivable, may only be transferred by succession mortis causa and remains in force for 100 years fol - lowing the author’s death. taneously where applicable. 3.2 Registering Artwork Auctioneers, gallery owners and commercial agents involved in the resale must notify the corresponding collective management society, or the author or their heirs, within two months and provide the documenta - tion necessary to settle the payment; when acting on behalf of the seller, they are jointly liable for payment and must retain the applicable amount from the sale price, holding it as depositaries. The same resale right applies to original manuscripts of literary and artistic works, thereby ensuring that authors and their heirs share in the economic appreciation of original works in the secondary market.
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