Rights of Author

Objects of rights of author are literary and artistic works. Software is also considered works of authorship for regulation and protection effects. Rights of Author includes the execution, edition and production of works of authorship and Reserva of Exclusive Rights.

Protection is granted from the moment a work is created and fixed on a material support. The recognition of the rights of authorship need no registration or document of any kind and is not subordinated to any formality. Foreign authors are protected in Mexico in respect of their works, even if not registered in this country.

Ideas per se, industrial or commercial advantages on ideas contained in works and the plans or rules to do businesses are not object of protection. Neither the informative contents of news except its form of expression.

Published works of authorship must show the expression “Derechos Reservados” followed by the © symbol, the complete name and address of the holder of the rights and the year of the first publication.

Rights of Author differ from the Copyright system (although it is commonly known as Copyright), as the creation of a work confers to its author two kinds of rights; moral and patrimonial. Moral rights are represented by the faculty of creating the work, to disclose it or maintain the same unknown, to demand the recognition of the author in respect of its work, to demand respect to the work, to modify the same and oppose to its modification, to remove the work from commerce and to oppose to the attribution of the authorship pf a work. Moral rights are considered united to the author and are inalienable, unrenounceable and unprescriptible.

Patrimonial rights grant the faculty of obtaining a retribution for the lucrative exploitation of the work. It confers to the owner of a work the faculty to authorize or prohibit its transmission, reproduction, publication, edition, representation, exhibition, distribution and any public use.

Patrimonial rights last the life of the author plus 100 years after his/her death.