COPYRIGHT
Objects
of copyright are literary and artistic works. Software
is also considered works of authorship for regulation
and protection effects. Copyright includes the execution,
edition and production of works of authorship and Reserva
of Exclusive Rights.
Copyright
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 with copyright. Neither
the informative contents of news except its form of
expression.
Published
works of authorship must show the expression “Derechos
Reservados” (Copyright) followed by the © symbol, the
complete name and address of the titleholder of the
rights and the year of the first publication.
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.
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Patrimonial
rights imply 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 75 years after his/her
death.
To
register a work of authorship at the Mexican Copyright Office
the following information and documents are necessary:
Name, nationality, date of birth and address of the author of
the work
Copy of
an official identification of the author.
Name, nationality,
date of birth and address of the owner of
the work,
if different from the author.
Transfer
of Rights in case the author and the owner of the
work are
not the same.
Two specimens
of the work of authorship.
Name or
title of the work.
The date
when the work of authorship was made known, if
so.
Power of
Attorney certified with Apostille.
Any document
certifying the existence or incorporation of the
owner of
the work, certified with Apostille.
Copy of
an official identification of the signor of the Power of
Attorney.
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