MEXICO Law and Practice Contributed by: Victor Adames, Carlos Hernandez, Paola Becerril and Eduardo Saldaña, BC&B Law & Business
Joint Authorship For a work to be registered as one of joint authorship, each contributing author must have actively participated in the creation of the work as a unified whole. This participation must be clearly documented as part of the final work. The extent of each author’s contribution may influ - ence their respective share of rights; however, the authors may also agree on specific percent - ages by mutual consent. In the absence of such an agreement, the FCL will distribute the moral and economic rights equally among the authors or based on evidence demonstrating each author’s actual contribution. In cases of co-authorship of works, the exploi - tation of the economic rights of the work itself would have to be agreed by most of the authors involved. 3.4 Copyright Rights The Mexican copyright system acknowledges the existence of a two kinds of prerogatives in favour of copyright owners: their moral and eco - nomic rights. Their existence and legal treatment are included in the FCL. Mexico acknowledges the moral rights for authors of copyrighted works. The FCL pro - vides that moral rights are considered united to the person of the author and this latter is the unique, original and perpetual holder of them. The moral rights are inalienable, imprescriptible, non-waivable and non-seizable. 3.5 Term of Protection and Termination Moral and economic rights have different dura - tions. Moral rights are perpetual, while economic rights for authors will be active during their life - times and for 100 years after their deaths.
Only economic rights are suitable to be termi - nated. 3.6 Collective Rights Management Systems Collective rights management systems exist in Mexico for music, publishing, visual arts, audio - visual works, photography, design, interpreting, the plastic arts, and writers. In Mexico, collective rights management sys - tems constitute partnerships, whose authori - sations to be incorporated are granted by the INDAUTOR. 3.7 Copyright Registration No registration over a copyright is needed for its protection. However, having a certificate of acknowledgement of copyrights (i) grants the author a public document ensuring their capac - ity as author, (ii) guarantees that the work in question will be permanently safeguarded 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 applicant (author/economic rights holder) must file the format currently in force before INDAU - TOR 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. How -
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