The Reform of 2003 to Mexican Authors' Rights Law
Journal
IIC International Review of Intellectual Property and Competition Law
ISSN
0018-9855
Date Issued
2004
Author(s)
Type
text::journal::journal article
Abstract
The Reform of 2003 to Mexican authors' rights law has introduced a number of changes to the statute previously governing this subject in Mexico, namely the Authors' Rights Law of 1996. Some of the most notable changes of the reform include a new rule applicable to the term of authors' rights whereby the Mexican legislature adopted the rule of life-plus-one hundred, instead of life-plus-seventy-five, which was applicable in the past. The reform includes changes in the law applicable to arrangements of third party works, including clarification as to the circumstances in which these works are protected and in which they may be exploited. The reform introduced changes in the law applicable to works made for hire, specifically concerning musical works made for hire. Among the important changes introduced by the Reform of 2003 the adoption of droit de suite in Mexican law must be mentioned, a legal notion that did not previously exist in Mexican domestic legislation. Photographers and the rights in their works are favorite topics of the drafters who introduced various provisions addressing these issues. In addition, the Reform of 2003 has also dealt with areas of neighboring rights, which include changes in the law governing rights of performers, exhaustion of performers' rights, the term of protection afforded to performers, rights of producers of phonograms, the term of protection of producers of phonograms and the term of protection of radiophonie broadcasting. Time and actual practice will speak for the true merit of the reform of 2003 to the law applicable to authors' rights in Mexico.