Copyright Registration

Copyright (derecho de autor) is the set of rights that Mexico's Federal Copyright Law (LFDA) grants to creators of literary, artistic, and scientific works, as well as related rights holders (performers, producers, broadcasters). It protects original works: books, music, software, paintings, photographs, films, architecture, databases, and more.

No. Copyright arises automatically from the moment a work is created and fixed in a tangible medium, without registration or any formality. However, registration with INDAUTOR (National Copyright Institute) is highly recommended as it establishes a presumption of authorship and facilitates proof in legal proceedings.

The Instituto Nacional del Derecho de Autor (INDAUTOR) is the decentralized agency of the Ministry of Culture responsible for administering Mexico's copyright system. Its functions include: registration of works, contracts, and legal acts related to copyright; mediation in disputes; supervision of collective management organizations; and promotion of the copyright system.

In Mexico, moral rights are perpetual and inalienable. Economic rights last for the author's lifetime plus 100 years from their death. For anonymous or pseudonymous works, protection lasts 100 years from disclosure. Related rights (performers, phonogram producers) have specific durations established in the LFDA.

INDAUTOR registration offers: (1) reliable evidence of authorship and creation date; (2) legal presumption of economic rights ownership; (3) ease of enforcing rights in judicial or administrative proceedings; (4) documentary basis for collecting royalties through collective management organizations.

INDAUTOR accepts registration of: literary works (books, articles, poems), musical works, dramatic works, dance works, pictorial and sculptural works, cartoons, architectural works, cinematographic works, computer programs, databases, photographs, applied arts, and contracts, licenses and assignments of copyright, among others.

Yes. Computer programs (software) are expressly protected by the LFDA as literary works, both in source code and object code. Protection arises from creation without registration, though registering with INDAUTOR is recommended for evidentiary purposes and licensing. Trade secret protection may complement copyright protection for software.

Moral rights protect the personal relationship between the author and the work: attribution, integrity, disclosure, and withdrawal. They are perpetual, inalienable, and non-waivable. Economic rights are financial: they allow the owner to authorize or prohibit reproduction, distribution, public communication, adaptation, and so on.

A copyright license is a contract through which the rights holder authorizes a third party to use the work under specifically agreed terms (type of use, territory, duration, exclusivity, compensation). A license is required whenever someone wants to use a protected work for economic profit, beyond the limits of statutory exceptions (personal use, quotation, etc.).

Graphic designs and digital art are protected by the LFDA as pictorial or applied art works from creation. If the design also meets distinctiveness requirements, it may additionally be registered as a trademark with IMPI. Dual protection (copyright + trademark) is a common strategy for logos and brand identity elements.

They are organizations that administer the economic rights of their members (authors, composers, performers, producers) before mass users such as radio, television, digital platforms, and commercial establishments. The main ones are SACM (music), SOGEM (dramatic works), SOMEXFON (phonograms), and CEMPRO (editorial publications).

An assignment is the transfer of economic rights from the author to a third party, which must be in writing. In Mexico, assignment may only be partial and limited: the author always retains moral rights (attribution, integrity), and economic rights not expressly assigned are presumed reserved to the author. General assignment of all future rights is legally restricted.

A work enters the public domain when the economic protection period expires (author's life + 100 years in Mexico). Works in the public domain may be freely used without paying royalties or requesting authorization, though the moral right of attribution to the original creator must always be respected.

You may file an administrative infringement action before IMPI, a criminal action before the Attorney General's Office (FGR) Specialized Unit on Copyright Crimes, or a civil lawsuit before the Federal Judiciary for damages. De Alva & Asociados has experience in anti-piracy actions, administrative seizures, and copyright litigation.

The droit de suite is the right of authors of plastic art works to receive a percentage of the proceeds from subsequent resales of their original works. The LFDA expressly recognizes this right, but its practical exercise requires the author to have agreed to it contractually or to manage rights through a collective management organization.

Characters may be protected through a rights reserve for exclusive use; characters with original and distinct features may also be protected as elements of a literary, audiovisual, or artistic work. Additionally, if the character name has a distinctive character, it may be registered as a trademark before IMPI. Combined protection (copyright + trademark) is the most robust strategy for entertainment and fictional characters.

Yes. Photographs are protected works under the LFDA from the moment of creation. The photographer has moral rights (attribution) and economic rights (reproduction, distribution, public communication). For commercial photography, it is essential to have contracts regulating the assignment or licensing of rights, as well as image rights releases for photographed individuals.

Plagiarism involves appropriating another's work or ideas and presenting them as one's own, violating moral rights (attribution). Economic infringement is the unauthorized use of a protected work (reproduction, distribution, etc.) for economic profit, without necessarily claiming authorship. Both have different legal consequences under the LFDA and the Penal Code.

Databases with original selection or arrangement of content are protected as compilations under the LFDA. While individual content may not be protected, the original structure of the database is. For high-investment databases, trade secret protection may also be considered as a complementary strategy.

Mexico does not adopt the Anglo-Saxon concept of fair use. Instead, the LFDA establishes a closed list of limitations and exceptions to copyright, such as quotation for informational, critical, or educational purposes; personal use; and reproduction for people with disabilities. Outside these exceptions, any use requires authorization.

A work's title is protected as an integral part of a work. If the title is sufficiently distinctive, it may also be registered as a trademark before IMPI. This dual strategy is particularly useful for franchises, series, and works with high commercial value.

Economic rights are transferred to the author's heirs for the remaining protection period (up to 100 years post mortem). Moral rights (attribution, integrity) are perpetual and may be exercised by the heirs to protect the author's memory and work. Copyright succession can be complex; it is advisable to include it in the author's estate planning.

The current LFDA requires the author to be a natural person to hold copyright. Works autonomously generated by AI without substantial human creative intervention are currently not eligible for protection. However, if a person makes creative decisions in the process, that person may be considered the author. This is a rapidly evolving area of law.

Register your works with INDAUTOR before publishing. Include copyright notices. Use clear license agreements when sharing content with third parties. Monitor unauthorized use. For infringements on digital platforms, use notice-and-takedown procedures or contact platforms directly. De Alva & Asociados advises on digital content protection strategies.

While INDAUTOR registration can be done directly, specialist legal counsel is essential to: identify which rights are most valuable for your business model, structure appropriate license and assignment agreements, and act effectively against infringements or piracy. De Alva & Asociados has over 25 years of experience protecting the creative rights of its clients in Mexico.