Commons:Copyright rules by territory/Mexico

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COM:CRTMEX
Location of Mexico

Summary

Countries, areas, and entities Standard copyright term
(based on authors' deaths)
Other copyright terms
(based on publication and creation dates)
Copyright exemptions Notes


Commons-logo.svg Mexico copyright overview 100 p.m.a.: life + 100 years
  • Anonymous works: ?
  • Government works: 100 years after publication
  • Berne/UCC: yes
  • Until year end: Yes
{{PD-old-auto|author died 1952 or earlier}}
(due to non-retroactive extension of copyright term from 1982 onwards)
{{PD-Mexico}}

{{FoP-Mexico}}

{{FoP-Mexico}}
SemiPD-icon.svg

Mexico

The photographical reproduction of this work is covered under the article 148, VII of the Mexican copyright law (Ley Federal de Derechos de Autor), which states that
«Literary and artistic works already published may be used, provided that normal commercialization of the work is not affected, without authorization from the copyrightholder and without remuneration, invariably citing the source and without altering the work, only in the following cases: […]
VII. Reproduction, communication, and distribution by means of drawings, paintings, photographs, and audiovisual means of works visible from public places». See Commons:Freedom of Panorama#Mexico for more information.

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Mexico Overview

Works by known authors

According to the Mexican law (See Art. 29: [1]) a copyright subsists for the life of the author plus 100 years following the end of the calendar year of death of the last surviving author.

There is one exception: works that were already in the public domain before July 23, 2003. Generally speaking, that means works created by someone who had died before 1952 are in the public domain (30 years before the non-retroactive extension to 50pma was implemented on ;[2] the extensions to 75pma on January 1, 1994 and 100pma in 2003 were also not retroactive).[3][4][5][6]

Posthumously published works have a term of 100 years after publication, if published within 100 years of the author's death (Art. 29(II)(a)).[1] The length of this term was extended in the same way as others.

Government works

Works created by the Mexican government do not default to PD, being protected 100 years after publication (art. 29). This applies to the federal, state and municipal governments. As with known authors, the term was extended repeatedly in the past.[7][8] Under the 1928 Federal Civil Code, the government could hold not copyright.[9]

{{PD-MX-exempt}} states: "Copyright shall not apply to shields, flags or emblems of any country, state, municipality or political division; names, acronyms, symbols or emblems of international governmental organisations, or any other organization officially recognized; or legislative, regulatory, administrative or judicial texts, as well as their official translations." {{PD-Coa-Mexico}} says the same.

Anonymous works

Current treatment of anonymous works is not clear; the 1996 Act does not mention them. In 1982 the term for anonymous works was extended to 50 years after publication, with anonymous works entering the public domain after 50 years where the authorship is not disclosed within those 50 years. [10]

Specific rules

1996 Act and subsequent reforms[11] On the URAA date (1996-01-01), the Copyright Act of 1982 was still applicable.

  • Plastic or photographic works: 100 years plus the death of the author. Art. 92 bis.
  • Unoriginal databases: 5 years plus creation date. Art. 108
  • Collective works (groups music, choirs, orchestras, ballet and theater companies): 75 years plus:
    • recording date of a sound work or
    • first broadcast (tv and radio) or
    • first interpretation of a work not recorded

Art. 122

  • Books: 50 years plus date of publication of the first edition. Art. 127
  • Sound works: 75 years plus recording date. Art. 134
    • URAA date: 30 years plus recording date (art. 30). Was public domain all works recorded until 1965-12-31.
  • Films: 50 years plus the date of filming. :Art. 138
  • Broadcasting works: 50 years plus first broadcast (tv and radio). Art. 146

Copyright term extensions

  • 1928: 50 years for scientific works[12], 30 years for artistic works[13]; registration was required within 3 years of publication.[14]
    3 years from publication if published between 1928 (?) and 13 January 1948 and not registered for copyright within three years from publication or within six months from 14 January 1948. (due to non-retroactive extension of copyright term from 1948 onwards)
  • 1947 and 1956: Copyright Acts
  • 1963: 30 years
  • 1982: extension to 50 years
  • 1996: extension to 75 years
  • 2003: extension to 100 years

Freedom of panorama

Main page: COM:FOP#Mexico.


References

  1. a b Mexican copyright law:
  2. Transitional Provision 1, Diario Oficial, 11 de enero de 1982, p23 (changes take effect on the day after publication)
  3. Extension to 50pma is documented at Diario Oficial, 11 de enero de 1982, p22, being a change to Art. 23 (III) of the 1956 Copyright Act.
  4. Extension to 75pma in 1993, effective , was explicitly only applicable to works still in copyright at the time. Decreto que reforma, adiciona y deroga disposiciones de diversas leyes relacionadas con el Tratado de Libre Comercio de América del Norte, 4th transitional section. Diario Oficial 22 diciembre de 1993, p43
  5. Extension to 100pma in 2003 is mentioned in Chapter III of The Economic Contribution of Copyright-Based Industries in Mexico, though retroactivity is not.
  6. Extension to 30pma from 20pma appears to have happened in 1962: Legislatura XLV - Año II - Período Ordinario - Fecha 19621218 - Número de Diario 30, 18 de diciembre de 1962 mentions Article 23(I) with 30pma, being amendment to the 1956 Copyright Act.
  7. Extension to 50 years after publication is documented at Diario Oficial, 11 de enero de 1982, p22, being a change to Art. 23 (V) of the 1956 Copyright Act.
  8. Extension to 30pd from 20pd appears to have happened in 1962: Legislatura XLV - Año II - Período Ordinario - Fecha 19621218 - Número de Diario 30, 18 de diciembre de 1962 mentions Article 23(I) with 30pma, being amendment to the 1956 Copyright Act.
  9. Art. 1235, 1928 Federal Civil Code
  10. Extension to 50 years after publication is documented at Diario Oficial, 11 de enero de 1982, p22, being a change to Art. 23 (III) of the 1956 Copyright Act.
  11. Ley federal de derechos de autor, last official publication (2014-07-14) in Spanish
  12. Art. 1181, 1928 Federal Civil Code
  13. Art. 1183, 1928 Federal Civil Code
  14. Art. 1189, 1928 Federal Civil Code

External links

References

See also

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