User:Magister Mathematicae/Mexican copyright law

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The following is a summary of Mexican Law on Author's rights. It's not a literal translation and I've only picked items which may be related to wikipedia. It's meant to be a only guide, not an official reference.

The law can be found at [1] from where this was taken.

See also Commons:Licensing


Ley Federal de Derechos de Autor[edit]

Estados Unidos Mexicanos


Summary of Author's Rights Federal Law

Title 1 : General principles[edit]

Single chapter[edit]

1. Purpose of the law:

  • Safeguard and promotion of nation's cultural heritage
  • Copyright protection for authors, performing artists, editors, producers, and diffusion organisms in regards literary and artistic works covering all instances, interpretations or performings, editions, phonograms, videograms, and emisions and also other intelectual properties rights

2. Application of the law and enforcement channels.

3. Protected works are those which can be divulged or reproduced by any mean.

5. Works are protected on the moment they're fixed on a material support. No registry or notice is needed.

6. Fixing is the incorporation of the elements in a digital or material support that allows their perception, reproduction or communication.

7. Foreigner authors get same rights.

8. Authors creating their works outside national territory get protected.

9. All the protection time periods are calculated starting january 1st of the following year after the action.

10. On laws applying for cases not covered.

Title 2: On author's rights[edit]

Chapter 1: General rules[edit]

11. Copyright (derechos de autor) is:

  • The recognition from state for all creators of literary and artistic works (as specified in art. 13) which provides protection so author enjoys prerogatives and privileges of personal and hereditary character (moral and patrimonial rights) [2]

12. Author is the physical person that creates a literary or artistic work [1]

13. Works whose rights are protected by this law:

  • Literary
  • Musical (with or without lyrics)
  • Dramatic
  • Dance
  • Pictoric or drawings
  • Sculptoric and plastic
  • Cartoons and comics
  • Architectural
  • Cinematographic
  • Radio and TV programs
  • Computer programs
  • Photography
  • Applied art works including graphic design and textil
  • Compilations (work collections like encyclopedias, antologies, databases as long as such collections form an intelectual creation)
  • Other works which by analogy can be considered artistic or literary will be included in the proper type as specified above.

14. This law does not cover the following:

  • Ideas by themselves, formulas, solutions, concepts, methods, systems, principles, discoveries processes and inventions.
  • Industrial or commercial profit of the ideas contained on the works
  • Schemes or plans to realize mental acts, games or businesses
  • Letters, digits or isolated colors unless their use make them original drawings.
  • Names, and isolated titles or phrases.
  • Simple blank forms to be filled in with any kind of information
  • Reproductions or imitations, without consent of :
  • coats, flags or emblems for any country, state, city;
  • acronyms, symbols or emblems for international organizations, or any other officially recognized organization as well as their verbal denomination
  • Legislative, administrative or judicial texts. Interpretations, comparisons and the alike are covered should they form original creation.
  • News informative content (but the particular expressions are covered)
  • Common use information: sayings, myths, facts, calenders, metric scales

15. Works don't lose protection after they get published on radio, tv, and other means.

16. Works get into public knowledge by any of the following:

  • Divulging: Making the work accesible by any mean for the 1st time.
  • Publishing: Reproduction in tangible form and copies distributed
  • Public communication: Work becomes publicly available but no copies issued.
  • Public performing: without restriction to a private circle
  • Public distribution: work available for rent, sale and other forms
  • Reproduction: Making exemplars in any tangible form, including temporal or permanent storage by digital media (pictures of 3d works)

17. Published works covered by this law must include any of the expressions

  • "Derechos reservados" or "D.R.", followed by the (C) symbol.
  • Full name and address of copyright holder
  • Year of 1st publishing
  • Failing to display such info is no cause for protection loss, but makes editor responsible for legal sanctions.

Chapter 2: Moral rights[edit]

18. Author is the sole, original and perpetual holder of moral rights for his works.

19. Moral right is bound to the author, it's inalienable, imprescriptible, unavoidable and unseizable.

20. Moral rights can be exercised by the author or his heirs. When both are lacking, in public domain, anonymous or works covered in Title VII the state exercises the rights, as long as works are of interest for national heritage.

21. Holders of moral rights can, at any time:

  • Determine if the work shall be published or keep it inedit.
  • Demand his recognition as author
  • Demand respect for the work, opposing any deformation, mutilation or damage to the author's reputation.
  • Modify the work.
  • Pull it out from market
  • Oppose he being attributed a work he didn't create. Heirs can only exercise items 1,2,3,4 and the state only 3 and 4.

22. Except for previous agreement between coauthors, director holds the moral rights.

23. Except for previous agreement, authors contributing on advertisement waive authoral credit during the use of the material (moral rights still hold)


Chapter 3: Patrimonial rights[edit]

24. The author has the right to authorize the explotation of his works by 3rd parties

25. Patrimonial rights are held by the author, by heritage or by adquisition.

26b. Author has the inalienable right to receive royalties for public transmission of his works.

27. Holders of patrimonial rights can authorize of forbid:

  • Reproduction, publishing, or material fixation of a work in copies by any mean
  • Public communication or performing
  • Public transmission or radiodiffusion
  • Distribution fo the work, including sale. On the case of sale, this opposing right stops after the first sale except in cases dealt on art. 104.
  • Importing of copies made without authorization.
  • Divulging derived works (translation, adaptation, arrangements, etc.)
  • Any public use except cases explictly covered by this law.

28. All the previous faculties are independent.

29 Patrimonial rights hold during:

  • Author life plus 100 years after death. In the case of several authors, 100 years after death of the last one.
  • 100 years after being published for: [3]
  • Posthumous works published within the timeframe of previous item
  • Works created during official service of Federation, States or Municipes.
  • Should the holder die without heirs, the explotation rights go to the author.
  • After the time period stablished, works go into public domain.

Title 3: On the transmission of the patrimonial rights[edit]

Chapter 1: General dispositions[edit]

30. Patrimonial rights' holder can freely transfer them or license the works. All transmissions will be onerous and temporal. All acts, contracts, agreements transmiting the rights and licenses must be written and otherwise be void.

31. All transmissions must provide a proportional or fixed remuneration, this right is unavoidable.

32. Agreements and contracts transmitting rights must be registered on the Public Registry of Copyrights in order to be enforced on third parties.

33. Unless stated, all transmissions last 5 years. Transmissions can only be agreed for more than 15 years when the work nature or investment magnitude demands it so.

35. Exclusive licenses must be given explicitly.

38. Copyright is not bound to property unless explicit agreement

39. Authorization for broadcasting doesn't include authorization for retransmission

Chapter 2: On the literary work editing contract[edit]

42. Literary work editing contract:

  • The author commits to deliver a work to the editor
  • The editor commits to reproduce and sale the work

43. Exception to 33: Rights transfer of literary works is not limited in any way.

44. Editing contract does not imply transfer of all other patrimonial rights.

45. Editor cannot modify the work author's written consent.

Chapter 3: On the musical work editing contract[edit]

60. Anything on the literary contract section applies as well, as long as it doesn't oppose what's been said here.

Chapter 5: On the radiodiffusion contract[edit]

66. Right's owner gives a radiodiffusion organism rights to transmit a protected work. This applies to cable, fiber optics, radioelectric waves, satellite or any similar channel allowing the transmission of a protected work

67. Anything on the literary contract section applies as well, as long as it doesn't oppose what's been said here.

Title 4: On copyright protection[edit]

Chapter 1: General principles[edit]

77. The person whose name or psudonym, known or registered, appears as a work's author, will be considered as such until evidence on the contrary is shown. On the works published under pseudonym, the copyright protection actions are to be realized by the person who released it first, with author's permission.

78. Derived works (arrangements, collections, translations, paraphrasis, etc.) will be protected for what they have of original, but they can only be exploited with permission from the holder of patrimonial rights for the original work, and consent from the holder of the moral rights. (see 21.) When the derived work in in the public domain, they will be protected on what they have of original, but such protection doesn't cover right to exclusive work of the original work nor will impede creation of new versions.

79. On multiauthor works, rights granted by this law correspond to all authors in the same way, an to exercise them consent from the majority is needed.

80. A translator proving authorization for translating a work gets protection for his translation.

82. Article writers for newspapers, magazines, radio and tv programs and other media keep the right to edit their works as a collection after they had been used.

Chapter 2: On photographic, plastic or graphic works.[edit]

85. Unless agreed, selling a painting, sculpture or any graphic work doesn't give the right to reproduce but only the right to exhibit.

86. Professional photographers can only display works they've been comissioned as work samples, with authorization required. This doesn't apply on cultural, educational or nonprofit works.

87. A person's portrait can only be used with explicit permission, which can be revoked. If the subject was paid to be photographed, permission is assumed and can't be revoked. Consent isn't needed when:

  • The person is a minor part of a group.
  • The picture is taken on a public place with informational or journalistic goals.
These rights last 50 years after death.

88. Unless agreed, exclusive permission to reproduce a graphic work doesn't include right to reproduce on any kind of article nor any commercial promotion.

89. A serial graphic or photographic work is the one resulting from the elaboration of many copies from a original provided by the author.

90. Under this law, signed and numbered issues of a serial work are considered as originals.

91 Sculptures within a limited and numbered edition are protected as well.

92. Unless previous agreement, author of an architectural work cannot forbid modifications to his work, but he can forbid his name being associated to the modified work.

92b. Plastic and graphic works have the right to royalties from sales.

  • Author's participation is detailed on 212.
  • This right cannot be renounced.
  • It's transmited only by inheritance and lasts 100 years after death.
  • Same right applies to original manuscripts of literary and artistic works.

93. Same provisions hold for applied works of art in what they have of original. Usage of them is not protected.

Chapter 3: On cinematographic and audiovisual works[edit]

94. An audiovisual work is a work expressed by a series of associated images, with or without sound, made perceptible, by tehcnical devices, causing a movement sensation.

95. Without detriment of author's rights for adapted or included work, an audiovisual work is considered original.

97. Authors of an audiovisual work:

  • Director
  • Script, plot, dialog writers
  • Musical composers
  • Photographer
  • Cartoons and animation authors.
Unless agreed, producer holds patrimonial rights as a whole.

98. Producer is the person with the initiative, coordination and responsibility for the work realization, or the person that sponsors it.

Chapter 4: On computer programs and databases[edit]

101. A computer program is any original expression in any form, language or code, of a set of instructions that, with a given sequence, structure and organization, has as a purpose, that a computer or device realize a specific task or function.

102. Computer works are protected on the same terms as literary works. This applies to operative systems and applications, as source code or object code [4]

However, nocive programs intending to damage other programs or equipment aren't covered.

105. A legit user of a computer program is only allowed to create a single copy (unless specific permissio nfor more is given) only in the following cases:

  • The copy is essential to the program usage.
  • For backup to substitute a legally obtained copy, when it cannot be used due to damage or loss. Copies must be destroyed when the license to use finishes.

106. Patrimonial rights over a computer program include right to authorize or forbid:

  • Permanent or provisinal reporoduction by any mean
  • Translation, arrangement or modification
  • Any distribution form, including rental
  • Decompilation, reverse engineering and disassembly.

107. Databases are protected as compilations, and protection doesn't extend to the data and materials themselves.

108. Non original databases are protected for 5 years in favor of the compilator.

109. Personal or private information contained on non original databases require authorization of the involved person.

112. It's forbidden to use programs or services whose goal is to remove technical protections for computer programs and telecommunications.

Title V: On related rights. [5][edit]

Chapter 3: On book editors[edit]

124. An editor is the physical or moral person that selects or conceives[*] and edition and realizes by himself or third parties its elaboration.

125. Book editors have the rigth to authorize or forbid:

  • Direct or indirect reproduction (total or partial) of his books and their explotation.
  • Importing unauthorized copies.
  • First distribution of the original

127. Those rights last 50 years after first edition.

128. Periodical publications have the same protection as books.

Chapter 4: On phonogram producers[edit]

129. Phonogram is the fixation, exclusively sonorous, of a performance sound, other sounds, or digital representations of them.

130. A phonogram producer is the person that fixes for the first time the sounds of a performance or their digital representation, and it's responsible for the editing, reproductiond and publishing of them.

131. Phonogram producers have the right to authorize or forbid:

  • Direct or indirect reproduction (total or partial) of his phonograms and their explotation.
  • Importing unauthorized copies.
  • Public distribution of the original and every copy.
  • Adaptation or transformation.
  • Renting of the original or copies, even after they have been sold.

134. This protection lasts 75 years after first fixation of the phonogram.

Chapter 5: On videogram producers[edit]

137. Videogram producer has the right to authorize or forbid their reproduction, distribution and public communication.

138. Protection lasts 50 years after the 1st fixation of the videogram.


Notes[edit]

  • "Works" is always referred as "literary and artistic works" within the text.

[1] Patrimonial: transmissible

[2] Physical person: Roughly any individual, as opposed to Moral Person, an organization

[3] Following items don't appear in the 2003 decree

[4] Literally "object code" (código objeto), context suggest binary or compiled form.

[5] "Derechos conexos"

[*] Concibe