Copyright protection has the durability of its legitimate owner and 100 years after his death, once this process is completed, the work becomes public domain unless there are co-authors, who receive the right of the document at the time of death of the last registered author of the work..
According to Article 173 of the Federal Copyright Law, the reservation of rights is the power to use and utilise exclusively titles, names, denominations, distinctive physical and psychological features or characteristics of original operations pertaining, according to their nature, to one of above mentioned genres..
According to Mexican Copyright Law, literary works, musical works, dramatic works, dances, pictorial or drawing works, sculptures or three dimensional works, cartoons, architectonic works, cinematographic and other audiovisual works, radio and TV programs, computer software, photographic works, works of applied art and .
So it is the first time that Mexico has adopted legal provisions dealing with ISPs liability, basically to adapt Mexican copyright legislation to meet the demands provided in Chapter 20 of the USMCA, specifically the ones addressing this matter, included in Article 20.88 .
In Mexico, the Federal Copyright Law does not foresee secondary liability for indirect copyright infringement.
However, article 231 of the Federal Copyright Law establishes that trade-related infringements are constituted by conduct carried out in order to obtain direct or indirect profit.
The National Copyright Institute applies Mexican law when analysing the application for the registration of a copyright transfer and its corresponding agreement.
In this regard, the transfer agreement needs to comply with the provisions of the Federal Copyright Law.
When does copyright protection begin? .
The Federal Copyright Law, which was enacted on 24 December 1996 and took effect as of 24 March 1997, is the main statutory law governing copyright and neighbouring rights.
It affords copyright protection, constitutes the Public Copyright Registry and determines the causes of infringement against the copyright.
