By Marian Sánchez
In the vast world of creativity and artistic expression, copyright plays a crucial role in safeguarding works generated by the human mind.
Copyright is the legal recognition granted to every creator of literary and artistic works, as outlined in Article 13 of the Federal Copyright Law.
Legislation typically includes a list of works covered by copyright, including literary works such as novels, poems, journalistic articles, computer programs, and databases; films, musical compositions, and architecture; artistic works like paintings, drawings, photographs, and sculptures; advertisements, and maps.
Copyright protection only covers the expressions, but not the ideas, procedures, or methods of operation as such. Additionally, copyrights may or may not cover elements such as titles, slogans, or logos, depending on the nature of the work in question.
Copyright encompasses two types of rights: economic rights, which allow the rights holder to receive financial compensation for the use of their works by a third party, and moral rights, which protect the non-economic interests of the author.
For example, in the case of economic rights, the rights holder can prohibit or authorize the reproduction, performance, broadcasting, or, as the case may be, adaptation of their work.
Among the universally recognized moral rights is the right to object to any modification of the work that could harm the creator’s reputation.
In several countries and in accordance with various international agreements, copyright protection is obtained automatically, without the need for any registration or other formalities.
In Mexico, moral rights belong to the creator without the need for any formal process. As for economic rights, it is advisable and convenient to approach the National Institute of Copyright (INDAUTOR) to register literary or artistic works, ensuring legal certainty as the author and rights holder
Registering with INDAUTOR is advisable for any potential dispute related to the ownership or creation of your work, as well as for clarifications regarding financial transactions, sales, assignments, and transfers of rights. This provides security to make decisions about the fate and integrity of your work as a whole.
At Vega, Guerrero and Asociados, we provide guidance on any questions or situations that may arise concerning the matters mentioned in this article. We also assist in successfully navigating the process of registering copyright ownership that belongs to you.
You can find this article in Blackstone Magazine.
